Asked in Civil Litigation for California

Q: Can I plead the fifth on written discovery even though I answered most of it?

I am a defendant in a civil case I am in pro per I have a deposition coming up and will plead the fifth, can I plead the fifth on the rest of my written discovery as-well? I have already answered about 80% of the written discovery.

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1 Lawyer Answer
Dan Rowan Cortright
Dan Rowan Cortright
Answered
  • Sebastopol, CA
  • Licensed in California

A: It depends on whether the questions to which you want to plead the 5th have already been answered or not. If not, then you can absolutely assert your right not to incriminate yourself pursuant to the 5th Amendment privilege. But if you have already answered any question to which you want to plead the 5th, then you've waived the privilege as to that question.

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