Can you say I decline to answer in court?
Asked by: Marcellus Legros | Last update: July 26, 2025Score: 4.7/5 (61 votes)
In a more formal setting such as a deposition, hearing or trial, the person might say: “On the advice of counsel, I invoke my
Can I refuse to answer questions in court?
In the United states, If it is a criminal case, the judge will uphold the right of the defendant to refuse to answer questions that may be incriminating. When facing accusations over crimes, this right to not self incriminate is nearly absolute. In a civil matter, the judge could issue a negative inference.
What is it called when you refuse to answer a question?
Question dodging is a rhetorical technique involving the intentional avoidance of answering a question.
What to say in court if you don't know the answer?
If you do not understand a question, it is alright to ask that the question be repeated or clarified. 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.
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 REFUSE to Answer Questions During Your Deposition in Your Lawsuit? NY Attorney Explains
Can you be silent in court?
Understanding Your Rights. The Fifth Amendment of the U.S. Constitution provides a critical protection for individuals facing criminal charges: the right to remain silent. This right, a cornerstone of American criminal defense, is crucial in ensuring fair treatment within the justice system.
Can you say no to telling the truth in court?
They want you to actually come and give evidence in the form of testimony. So if they refuse to swear to tell the truth, they're not in compliance with the subpoena.” If you're not in compliance with the subpoena, you can be held in contempt of court or, in the case of the Jan.
How do I 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 do you do if you don't know the answer?
- Stay calm and breathe. ...
- Don't fear saying you don't know. ...
- Respond quickly. ...
- Be clear and precise. ...
- Transition to what you do know. ...
- Stay positive. ...
- Hand off the question to someone else.
Are you required to answer yes or no in court?
On cross-examination, when you are being cross-examined the other lawyer will be asking you questions that, typically, require a “yes” or “no” answer. Remember — that other lawyer is trying to get you to make statements that will hurt your case.
What happens if I refuse to answer questions?
Refusing to answer a question can lead to legal consequences, such as a motion to compel or sanctions, if the refusal is not justified. It's important to consult with your attorney to navigate these situations appropriately.
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.
How to politely refuse to answer a question?
The most direct way to do this is to simply say that you will not answer the question. However, even though you are saying "no," you can still do it politely. I'm sorry, but I'd prefer not to say. I'm sorry, but I don't want to share that information.
What questions can you not ask in court?
As a general rule, do not ask leading questions - questions which contain within them the answer, suggest the answer or call for a yes or no answer - or your direct will be interrupted with sustained objections.
Is refusing to answer questions obstruction of justice?
The short answer is NO. Refusing to answer questions (your Right to Remain Silent) is a Constitutional Right. You can not be charged with obstructing justice by exercising one or more of your Constitutional Rights.
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.
What to say if you don't know the answer in a defense?
While it is ok sometimes to just say "I don't know", he advises to try something like "I don't know, but I would think [...] because of x and y, but you would need to do [...] in order to find out.” This shows that you have the ability to think as an academic.
How do I professionally say I don't know the answer?
- I'm not certain, but I can find out for you. ...
- I'm not entirely sure, but I believe… ...
- I'm not the best person to ask, but perhaps [name of colleague/expert] might know. ...
- That's a good question. ...
- I would need to do some research before giving an accurate response.
How to reply to a question you don't want to answer?
- That's none of your business.
- That's really none of your business.
- Your question is out of line.
- That question is inappropriate for this conversation.
- This is really none of your concern.
- My personal life shouldn't concern you.
Are you allowed to not answer in court?
In most cases, you can plead the Fifth Amendment, which legally allows you to refuse answering questions.
What happens if you say nothing in court?
You have the right to remain silent. You do not have to make any statement. Anything you say will be recorded and may be given in evidence in court. You have the right to speak with a lawyer without delay and in private before deciding to answer any questions.
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.
Can you say you don't remember in court?
You're only there to testify to what you can recall, and no reasonable attorney, judge, or jury should expect more than that. While you can't testify to what you don't remember, our memories often are not binary.
What happens if you refuse to tell the truth?
Testifying. When you are called to testify, you move to the front of the courtroom near the judge and the clerk has you swear to tell the truth. You must tell the truth when testifying. Lying in court is a crime called perjury, and you can be sentenced with a jail term of up to 14 years.
What happens if I refuse to testify in court?
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.