Re: deposition/ rule 30- mass. law civil

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You need to talk to your criminal lawyer about that. You can
refuse to testify by asserting the 5th Amendment right against
self-incrimination. I have seen judges to order you to
testify anyway and seal the deposition until after the
criminal case. Sometimes, they will uphold your right to
refuse to testify all together. Other times, they will
compell you testify at deposition about everything except the
pending criminal matter. It just depends.

However, in a civil case, the other attorney can argue that
your refusal to testify implies you are guilty of the
offense. It's doesn't look good to a jury.

But your primary concern is getting through the criminal
case. So do what your criminal lawyer tells you, even if the
civil lawyer advises a different path.

On 3/06/05, 00 wrote:
> What do the two cases have to do with each other?
>
> You have to go to the depo and answer the questions unless
> you want to be thrown in jail for contempt.
>
> On 3/06/05, richaed wrote:
>> In a civil suit I have been requested to
>> make a deposition to plaintiffs attorneys
>> with a court reporter..Problem is ..there is an
>> outstanding criminal case that has been in progress
>> prior to the suit that depends soley on the out come of
>> a jury.. trial.is there a way to go to the deposition
>> and take the 5th ammendment until this criminal case has
>> beeb
>> closed..do I have to make a deposition at all..?
>>
>> thank you
>> any help would be welcome
>>
>> richard
>>