Can a judge force you to answer a question?
Asked by: Ashton Gutmann | Last update: August 13, 2025Score: 4.2/5 (2 votes)
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 a judge's question?
Privilege Against Self-Incrimination
Individuals can refuse to answer questions if responses might incriminate them. Courts uphold this right to prevent self-incrimination during depositions.
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.”
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 a question in court?
shall be compelled in any criminal case to be a witness against himself…." Therefore, refusing to answer questions during a trial ("I refuse to answer on the ground it may tend to incriminate me") is called "taking the Fifth." See also: Bill of Rights taking the Fifth.
How to testify in Court. 3-step process to Testify to WIN in Trial.
Can I say no to a deposition?
In some cases, the court may order that the party that did not attend the deposition cannot introduce certain matters in evidence, or might even render judgment by default against the disobedient party. Other penalties may also exist, so talk to your attorney before you decide to refuse a deposition.
Can a judge order you to answer a question?
Generally speaking, the answer is yes. If the Judge requires you to answer, you must answer the questions. However, you can object to the questions before you answer them.
Can you be forced to answer yes or no in court?
If it is a question that only calls for a yes or no answer then you have to answer with either yes or no. There are times when you can explain your answer, and times when you cannot. But your attorney can ask you follow up questions in order to allow you to explain your answer of yes or no.
Can you answer I don't remember in court?
If you do not know an answer, say so. Do not give attorneys answers you think they want. If you do not remember, say you don't remember – not that you do not know. Do not guess if you are not sure, unless you are instructed to give an estimate.
What should you never say in court?
Don't lie about anything, not even white [small] lies. If you are discovered to be lying, the judge may find it hard to believe you when you are telling the truth. Don't argue with the questioner. Don't ask questions back: “What would you do if…”
What happens if you refuse to speak in court?
Refusing to testify as a witness after being served with a subpoena in a criminal case can lead to serious consequences. The court may hold the individual in contempt of court, which can result in both imprisonment and a court-imposed fine.
Can you say bad words in court?
Criminal contempt is an action that impugns the integrity of the court or brings the court into disrepute. For example, yelling curse words at a judge would be direct criminal contempt of court.
How do you deny answering questions?
- I'm sorry, but I'd prefer not to say.
- I'm sorry, but I don't want to share that information.
- I don't mean to be rude, but I don't want to answer that question.
- No offense, but I'd rather not say.
- Let's just say it cost more than my old one. ...
- All I will say is that both sides are happy with the result.
Who can override a judge's decision?
The court of appeals may review the factual findings made by the trial court or agency, but generally may overturn a decision on factual grounds only if the findings were “clearly erroneous.”
How to avoid a question in court?
If you do not want to answer a question, do not ask the judge whether it is an improper question. If it is an improper question, the prosecuting attorney will object. Stop instantly, however, when the judge interrupts you or when an attorney objects. Honesty is the best policy.
Can the judge do whatever they want?
A judge may act pro se in all legal matters, including matters involving litigation and matters involving appearances before or other dealings with governmental bodies. In so doing, a judge must not abuse the prestige of office to advance the interests of the judge or the judge's family.
Can you say "I don't know" in court?
Instead the better practice is to say “I'm not sure” or “I don't know.” If you are unsure about an answer you cannot then answer the question.
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.
Can your words be used against you in court?
This is known as the Miranda warning, meant to prevent coerced confessions and ensure suspects know their constitutional rights. A section of the Miranda warning informs you that anything you say can and will be used against you in a court of law.
What happens if you refuse to answer questions?
You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question.
How to deal with being cross-examined?
The best advice is: Keep Calm and Carry On. Don't react to what you may perceive as insulting questions. Avoid taking things personally. Remember the cross-examiner is trying to get under your skin.
Can you be held in contempt for not answering questions?
Refusal to Testify or Cooperate: Witnesses or parties who refuse to testify or cooperate with court proceedings without a valid legal basis may be held in contempt.
Can you decline to answer a question in court?
You can object to any questions in a deposition, but you may be compelled to answer if a judge overrules the objection in court. In many cases, questions that do not have to be answered fall into three categories: Private information.
Can you argue with a judge?
Whether it is appropriate or wise to argue with a judge may depend heavily on what is at stake for your client. I've worked with lawyers who were within seconds of being put in jail for contempt as a result of arguing with the court. Sometimes, an issue may be just that important.
What if you yell at the judge?
As to someone acting out, yelling, being very rude, shouting or engaging in histrionics, the judge has the authority to hold that person in contempt. This may be after one or more warnings, at which time punishments can range from monetary sanctions to exclusion from the courtroom to jail.