Legal Question in Civil Litigation in California

Witness refuse to testify

Could a witness in civil case who was an ex-defendant refuse to testify by desobying court order.

Is there a way to make him to testify, since my case depend on his testemony?

Thanks


Asked on 8/14/00, 3:54 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Witness refuse to testify

If you have the witness subpoenaed, then he is required to come to court and testify. Once there, he can refuse to answer if he thinks he might incriminate himself, but otherwise he must testify. Refusal to appear or to testify is punishable. The key is to have the witness properly subpoenaed instead of just requesting that he appear. There are several requirements you must meet (adequate notice, payment of some fees, etc.), so be sure to cover all of these steps.

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Answered on 9/18/00, 2:08 pm


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