A family member refused to answer questions in a deposition after being served papers from the court. She was held in contempt and fined for the money the opposing counsel had to spend to attempt this deposition. Can she somehow get out of the fines? even with a lawyer? any help would be appreciated.
2007-12-21 14:33:30 · 9 answers · asked by lmn8970 1 in Politics & Government ➔ Law & Ethics
maybe if she agrees to co-operate, but probably not.
2007-12-21 14:39:04 · answer #1 · answered by princess_dnb 6 · 2⤊ 0⤋
All citizens are required to cooperate with the process of justice. This includes truthfully answering any questions asked in a court case. The ONLY exception is if answering the questions would tend to personally incriminate the person, in which case they can refuse to answer such questions on the basis of the protections offerred by the 5th amendment to the federal constitution.
But consider the *6th* amendment to the constitution. What does that say? Among other things, it says:
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial...to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor..."
"Compulsory process" means that if you are involved in a court case, and you believe some person has information which can help further the cause of justice in your favor, you have the right to force that person to come to the court and give truthfull answers to questions. They cannot be forced to incriminate themselves, but aside from that, they must answer all questions. In civil cases, the same principle applies.
Short answer: Justice...is NOT voluntary. If you have information which is germane to a court case, you must give up that information.
If your family member, in bad faith, refused to answer questions when properly deposed in a court case, then they deserve to pay fines for deliberately attempting to sabotage the process of justice.
2007-12-21 14:57:48 · answer #2 · answered by Jason W 5 · 2⤊ 0⤋
Well if she was represented by an attorney, that attorney should have advised her to answer the question, but to put on record that s/he objected to it and brought it up to the judge to decide.
She didn't do that and now she is in contempt. At this point, there is not much she can do but to pay the fine. She has to convince the judge to go against his own ruling and it is very hard unless she has very good reason. But I can only imagine if she has had that good of a reason, the judge wouldn't have ruled against her to begin with.
2007-12-21 14:45:41 · answer #3 · answered by Andy 4 · 1⤊ 0⤋
So she did not realize that refusing to answer would have consequences? Court subpoena's are just optional? Maybe she should have consulted the attorney before the deposition and saved herself the problem.
2007-12-21 15:29:30 · answer #4 · answered by Boots 7 · 2⤊ 0⤋
First a nice I do not remember would have been better for your relative. Second, you only have the right to not answer a question on a deposition if you would incriminate yourself.
2007-12-21 14:42:11 · answer #5 · answered by Anonymous · 2⤊ 0⤋
Why did they refuse to answer? You have to answer all questions in a deposition, even to say "I don't know."
2007-12-21 14:36:17 · answer #6 · answered by Anonymous · 2⤊ 0⤋
maybe they should have posted it on Yahoo! Answers, then they'd get plenty of replies :P
2007-12-21 14:37:04 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If it's already a done-deal, probably not...
2007-12-21 14:37:43 · answer #8 · answered by KYGrace 6 · 1⤊ 0⤋
No.
2007-12-21 14:40:11 · answer #9 · answered by Anonymous · 1⤊ 0⤋