Can a witness be compelled to testify against himself in a civil proceeding?

California, United States of America


The following excerpt is from San Bernardino Cnty. Children & Family Servs. v. C.W. (In re A.W.), E072047 (Cal. App. 2019):

Under the Fifth Amendment to the Constitution of the United States, no person "'shall be compelled in any criminal case to be a witness against himself.'" The right against self-incrimination can be asserted in any proceeding, civil or criminal. (Kastigar v. United States (1972) 406 U.S. 441, 448.) The privilege protects against disclosures which could reasonably be used in a criminal prosecution or could lead to other evidence that might be so used. (Id. at pp. 444-445.) Immunity from both use and derivative use is coextensive with the privilege and, if granted, is sufficient to compel testimony over a claim of privilege. (Id. at p. 453.)

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