Do you have to answer a lawyer's questions?

Can you plead the fifth in a deposition?

The general rule is that if you plead the Fifth in discovery, you cannot change your answer later and waive your Fifth Amendment privilege at trial. So, if you plead the Fifth in discovery, whether in writing or in a deposition, you may be stuck with your answer, even if you didn't do anything wrong.

Can you decline giving a deposition?

In the case of a deposition, since it must be requested through the issuance of a subpoena, choosing to not give testimony when formally requested may result in punishment for contempt of court, under the provision of Rule CR 37.

What to say when you don t want to answer a question?

What not to say at a deposition?

Can you decline being a witness?

No. A witness does not have the same right to avoid testifying as a defendant has. Accordingly, a witness may be forced to testify. The witness may be held in contempt of court if they refuse to testify after being ordered to do so.

How do you respond to a threat of legal action?

The law protects your activity: Go ahead and draft a letter or email back to the sender explaining why you think your actions are appropriate. Stand your ground, but be polite as abrasive language is likely to result in inflaming the recipient and making the situation worse.

What happens if you don't respond to a law suit?

You Can Lose By Default:

If you don't file a response 30 days after you were served, the Plaintiff can file a form called “Request for Default”. The Plaintiff has to wait 30 days to file this. If the Plaintiff files this form, the Court can enter a judgment against you. The Plaintiff will win the case.

How do you respond to a notice from a lawyer?

The Body of the Reply

The reply starts with the mention of the basic details of the legal notice received - date, details of the entity on behalf of whom the legal notice was sent etc. It may also contain mention of claims of legal notice received as false, or something of similar nature.

Can a judge make you answer a question if you plead the fifth?

At trial, the Fifth Amendment gives a criminal defendant the right not to testify. This means that the prosecutor, the judge, and even the defendant's own lawyer cannot force the defendant to take the witness stand against their will.

What questions Cannot be asked in court?

Compound question

Compound questions are not allowed because they can confuse the witness, the judge, and the jury. Also, it may not be clear for the court record which of the questions the witness is answering.

Can you choose not to speak in court?

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 you say I don't remember in a deposition?

“I don't know” is a perfectly good responses (as long as it's the truth). “I don't remember,” “I don't recall,” and “I don't recall at the present time” are all perfectly good responses. If true, the best is, “I don't recall at the present time,” because it makes it easier to change your answer if you later do recall.

What if I cry during a deposition?

During your deposition, you will almost certainly get asked questions that will upset you. It is okay to show emotion or even cry if you need to. However, you must be careful not to let your emotions interfere with your ability to answer questions carefully and honestly.

What happens if you give the wrong answer in a deposition?

Whatever is said in the deposition can be taken as evidence during trial. When you give your testimony at this deposition, and you have said something in error, then you can correct it before your case goes to trial.

What is an example of an intrusive question?

Perhaps How much do you earn? or When are you going to start a family? or Why aren't you drinking tonight? Your first reaction to such intrusive questions might be to say Mind your own business!

What does deflecting questions mean?

to avoid something such as criticism, blame, or a question being directed at you: The president deflected criticism of his economic record by focusing on crime. He successfully deflected blame for his mismanagement of the crisis. I just tried to deflect questions the best way I could.

How do you not answer a question without being rude?

What questions do they ask in a deposition?

Can anything be asked in a deposition?

They can ask anything they want, including lots of embarrassing and personal stuff. At trial, they can point out differences between what you said at the deposition and what you say at trial, so don't say anything unless you are sure about it. Depositions can last two hours or more.

Can you instruct a client not to answer in a deposition?

Instructions to refuse to answer should occur only in response to questions implicating a privilege or right such as the attorney-client privilege, the spousal/marital privileges, the right to refrain from self-incrimination, and the like.