Are you required to answer questions on the stand?

Asked by: Antonia Feest  |  Last update: September 17, 2025
Score: 4.8/5 (48 votes)

If you are on the stand and refuse to answer a question without a legal basis the court can hold you in contempt of court and take you to jail on the spot. You have to answer truthfully and completely unless the information being elicited is privileged.

Can I refuse to answer questions on the stand?

Before the question can be answered we must first cover the singular case where the 5th amendment may be plead. You can refuse to answer ANY question where the answer could in any way implicate you in any crime. This right exists in ALL interactions with the state or its agents.

Can I decline to answer a question in a deposition?

Individuals can refuse to answer questions if responses might incriminate them. Courts uphold this right to prevent self-incrimination during depositions.

Can you refuse to go to the stand?

Under the Fifth Amendment of the U.S. Constitution, criminal defendants can refuse to testify in their criminal trial. The court can't compel defendants to incriminate themselves, which forms the basis of this principle.

Are you forced to take the stand?

You have the right to remain silent at trial and can't be compelled to serve as a witness against yourself at the behest of the prosecutor or judge or even your own attorney. If you decide you take the stand, however, you can't choose to answer some questions and not others.

How to Testify in Court -- The Holy Trinity of Testimony

27 related questions found

Can I refuse to testify?

If a victim or witness refuses to testify, the judge could hold them in contempt of court, as defined under Penal Code 166 PC. This misdemeanor carries fines and up to six months in jail in California, underscoring the gravity of their refusal. Also, the judge can decide to fine them or detain them until they comply.

What to say when you don't want to answer a question in court?

If you don't want to answer a question, don't ask the judge whether you must answer it. If it is an improper question, the prosecutor trying the case will object and take it up with the judge. If there is no objection, answer the question.

What is it called when you refuse to answer questions?

Question dodging is a rhetorical technique involving the intentional avoidance of answering a question.

Do you have to speak on the stand?

The underlying principle behind the right to remain silent is that prosecutors cannot compel criminal defendants to be witnesses against themselves. That is what it means to “plead the Fifth.” That is, you are exercising your constitutional right to not speak in court and not to incriminate yourself.

Can the defendant refuse to take the stand?

California Evidence Code § 930 provides that “a defendant in a criminal case has a privilege not to be called as a witness and not to testify.” While a defendant can waive this privilege and choose to testify, the prosecutor cannot call the defendant to the stand just to make the defendant explicitly claim the ...

Can you walk out of a deposition?

Walking out of a deposition without proper justification could potentially have legal ramifications. Witnesses are required to stay and answer all the relevant questions presented by the attorneys, as long as those questions do not violate specific procedural rules or rights.

Can a judge force you to answer a question?

It is a good idea to talk to a lawyer before agreeing to answer questions. In general, only a judge can order you to answer questions.

Can you refuse to answer an interrogatory?

Some people ignore interrogatories instead of answering them, but that could be a huge mistake. You must answer the questions or file objections to certain questions or the entire set of interrogatories.

Can you say I decline to answer in court?

In a more formal setting such as a deposition, hearing or trial, the person might say: “On the advice of counsel, I invoke my fifth amendment privilege against self-incrimination and respectfully decline to answer your question.”

How do you deny answering questions?

Saying “No”
  1. I'm sorry, but I'd prefer not to say.
  2. I'm sorry, but I don't want to share that information.
  3. I don't mean to be rude, but I don't want to answer that question.
  4. No offense, but I'd rather not say.
  5. Let's just say it cost more than my old one. ...
  6. All I will say is that both sides are happy with the result.

Can an employer force you to answer questions?

If the employer denies the request and continues to ask questions, this could constitute an unfair labor practice. Also, it is an unfair labor practice for an employer to discipline an employee for refusing to answer questions without their union representative present.

Can you remain silent during a deposition?

Yes, you can plead the fifth in a civil trial or deposition. But, whether you should or should not do so is often an issue that requires you to waive certain risks and benefits. If you refuse to testify in a civil matter, there can be adverse consequences for the case.

Do you have to answer every question on the stand?

(12) You must answer every question - Do not bother to ask your lawyer or the judge if you must answer a particular question; unless an objection is made and sustained, you must answer.

What happens if a defendant refuses to speak?

Refusal to testify or answer all or any questions on the basis of right against self-incrimination cannot be used against such person in any way or be used as evidence of guilt.

Can you decline a deposition?

Outside of the few circumstances above, refusal is not an option. However, if you do decide to refuse the subpoena, there are several negative legal outcomes to consider: Contempt of Court: When refusing to comply with a deposition, you will likely be held in contempt of court.

What is it called when someone doesn t answer your question directly?

People who don't answer your question directly and instead provide their interpretation of what they think the question is about, along with an unrelated answer, are often referred to as "non sequitur" responders.

Why do people refuse to answer questions?

There can be an unwillingness for respondents to disclose sensitive information, because this may cause embarrassment or threaten their self image. If pressed for the answer, respondents may give biased responses, especially during personal interviews.

How do you not answer a question legally?

Clearly State Your Reason: If you decide to refuse to answer a question, you must clearly articulate your reason. For instance, stating, “I plead the Fifth” indicates that you're invoking the Fifth Amendment right against self-incrimination.

What is a reasonable excuse to miss court?

you had a medical emergency, you were involved in a car accident or your car broke down on your way to court, there was a serious family crisis or emergency, the court made a scheduling error, and.

Do you have to answer yes or no in court?

When you Testify in Court: Listen to the question, and answer ONLY that question. Rule 1: If the question asked you to say either “Yes” or “No”, then say “Yes” or “No”.