Does the Fifth Amendment privilege apply to a plaintiff in a civil case?

California, United States of America


The following excerpt is from Blackburn v. Superior Court, 21 Cal.App.4th 414, 27 Cal.Rptr.2d 204 (Cal. App. 1993):

Whereas the Fifth Amendment privilege may be invoked by a civil litigant (Segretti v. State Bar (1976) 15 Cal.3d 878, 886, 126 Cal.Rptr. 793, 544 P.2d 929), it does not provide for protection against civil penalties. "[W]hile the privilege of a criminal defendant is absolute, in a civil case a witness or party may be required either to waive the privilege or accept the civil consequences of silence if he or she does exercise it." (Alvarez v. Sanchez, supra, 158 Cal.App.3d at p. 712, 204 Cal.Rptr. 864.)

Page 210

Has Petitioner been asked to incriminate himself?

Other Questions


In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
When will the Fifth Amendment apply in civil cases? (California, United States of America)
Does the Amendment to the Civil Code of Civil Procedure apply in civil litigation? (California, United States of America)
Is there any case law where a defendant has been successful in asserting that a plaintiff is a plaintiff in a civil case? (California, United States of America)
Is the amendment to the California Civil Code of Civil Procedure Amendment retroactively retroactively applied to increase conduct credits for minor offenders who have been temporarily detained in local custody? (California, United States of America)
What are some cases that support the position of a plaintiff in a civil case? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
Does the Fifth Amendment privilege apply outside of the criminal court proceedings? (California, United States of America)
What is the test for amending a pleading to amend a pleading in a civil case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.