Does a witness have privilege to refuse to answer questions in a civil case?

California, United States of America


The following excerpt is from San Chez v. Superior Court In and For Los Angeles County, 153 Cal.App.2d 162, 314 P.2d 135 (Cal. App. 1957):

Also contrary to a contention of the real party in interest, his refusal to answer the questions propounded cannot be sustained on the theory of privilege from self-degradation. Code of Civil Procedure sec. 2065 provides: 'A witness must answer questions legal and pertinent to the matter in issue, * * * but he need not * * * give an answer which will have a direct tendency to degrade his character, unless it be to the very fact in issue, or to a fact from which the fact in issue would be presumed.' Whether the defendant's conduct amounted to cruelty is a fact in issue, and evidence of his adulterous conduct would go directly to proof of such fact (Clark v. Reese, 35 Cal. 89).

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