When will a witness be allowed to stop responding to questions?

MultiRegion, United States of America

The following excerpt is from Matter of Seper, 705 F.2d 1499 (9th Cir. 1983):

Finally, we note that in this circuit the witness has considerable latitude in deciding when to stop responding to questions. A contrary rule would involve the witness in a dilemma that would vitiate the privilege: invoking the privilege too soon could be contempt of court, while invoking it too late would inadvertently "waive" the privilege. Thus, "granted that the area of the question is within the fifth amendment, short of being ridiculous, it would appear wiser to let the witness pick the point beyond

[705 F.2d 1502]

which he will not go." Shendal v. United States, 312 F.2d 564, 566 (9th Cir.1963).

[705 F.2d 1502]

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