What is the test for a witness to be compelled to testify in a civil case?
California, United States of America
The following excerpt is from People v. Lipscomb, 263 Cal.App.2d 59, 69 Cal.Rptr. 127 (Cal. App. 1968):
It is a commonplace of constitutional law that if protection against incrimination is complete, testimony may be compelled. (Brown v. Walker, 161 U.S. 591, 16 S.Ct. 644, 40 L.Ed. 819.) Where the possibility of incrimination is remote, a warning against incrimination would be an idle act and is not required. 'The law neither does not requires idle acts.' (Civ.Code, 3532.)
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