Is there any limitation or limitation of privilege against a witness in a civil proceeding?

California, United States of America


The following excerpt is from Ruelas v. Harper, E051961 (Cal. App. 2015):

California law makes no distinction between civil and criminal litigation concerning the impermissibility of drawing adverse inferences from a witness's invocation of the privilege against self-incrimination. (People v. Holloway (2004) 33 Cal.4th 96, 131-132.) Evidence Code section 913 provides: "(a) If in the instant proceeding or on a prior occasion a privilege is or was exercised not to testify with respect to any matter, or to refuse to disclose or to prevent another from disclosing any matter, neither the presiding officer nor counsel may comment thereon, no presumption shall arise because of the exercise of the privilege, and the trier of fact may not draw any inference therefrom as to the credibility of the witness or as to any matter at issue in the proceeding. [] (b) The court, at the request of a party who may be adversely affected because an unfavorable inference may be drawn by the jury because a privilege has been exercised, shall instruct the jury that no presumption arises because of the exercise of the privilege and that the jury may not draw any inference therefrom as to the credibility of the witness or as to any matter at issue in the proceeding."

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