Q: Can I refuse to answer question?
In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.
A:
The bottom line is for most personal information, no you cannot.
While your 5th Amendment right against self incrimination can be put forth for some issues. But, if you are the Plaintiff, this could harm your case.
Tim Akpinar agrees with this answer
A: From the categories you chose, it appears this is a civil case that involves a motor vehicle accident. The concept of refusing to answer questions on self-incrimination grounds is generally associated with criminal matters, in terms of the Fifth Amendment protections. In civil cases where an insurance interest is involved, your attorney is likely to shield you from answering questions that are irrelevant or needlessly intrusive. You may face questions from two fronts, your no-fault carrier (examinations under oath), or from the opposing attorney (examinations before trial). If you are represented by an experienced attorney in your accident case, they should know which questions posed to you are proper and which ones are improper. Good luck
Jonathan R. Ratchik agrees with this answer
A: Addendum - a religious basis could be raised if the questions dwell on religious elements that have nothing to do with the accident case. Good luck
A:
Section 221.2 of the Uniform Rules sets forth the circumstances in which you can refuse to answer a question at deposition.
A deponent shall answer all questions at a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) to enforce a limitation set forth in an order of a court, or (iii) when the question is plainly improper and would, if answered, cause significant prejudice to any person. An attorney shall not direct a deponent not to answer except as provided in CPLR Rule 3115 or this subdivision. Any refusal to answer or direction not to answer shall be accompanied by a succinct and clear statement of the basis therefor. If the deponent does not answer a question, the examining party shall have the right to complete the remainder of the deposition.
Keep in mind that if the court determines that your objections had no merit and that you objected to questions which you should have answered, it may order you to appear for a further deposition, preclude portions of your testimony, or even strike your complaint. Moreover, unlike a criminal case, a jury in a civil action can draw a negative inference against you based upon your refusal to answer a question, even one on grounds of privilege.
Tim Akpinar agrees with this answer
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