RANCH
United we stand, divided we fall.
- Joined
- Dec 18, 2008
- Messages
- 18,074
- Reaction score
- 37,775
A subpoena is a court. Witnesses can be held in contempt if they don't answer unless they file a motion for a protective order.
The witness's could invoke the 5th Amendment.
What happens if you invoke the privilege against self-incrimination in a civil case?
1. You can do it, and you wont be held in contempt for failing to testify. Though the provision says that no person shall be compelled in any criminal case to be a witness against himself, the Supreme Court has made clear that this extends to compelling a person to testify in a civil case, when that compelled testimony could later be used against him in a criminal case. See, e.g., McCarthy v. Arndstein (1924):
https://www.washingtonpost.com/news...fifth-in-a-civil-case/?utm_term=.069c1521c5d0