Legal Question in Civil Litigation in Maryland
Deposition & Fith Amendment right
I was recently subpoenaed to give a deposition in a Civil Law Suit for Defamation of Character. I was also sent a certified letter by the attorney for the plaintiff 2 months prior stating that: I could be sued in this case if I had any part in the defamation. Which the letter states that the plaintiff believes I did. My question is do I have the right not to anwer questions at the deposition reguarding this case under my Fith Amendment right?
2 Answers from Attorneys
Re: Deposition & Fith Amendment right
You need to consult with counsel specifically on the facts of your case. However, the possibility of being sued does not implicate the 5th Amendment; it is in general only the possibility of criminal charges that would give you a right to refuse to testify or answer specific questions. If the conduct at issue was criminal, you can refuse on the basis of the 5th amendment, otherwise no. Moreover, depending on the facts, your assertion of the 5th amendment in a civil case can give rise to an adverse inference (in the civil case - it can't be used against you criminally) that you did engage in the conduct at issue. You need to discuss this in detail with a lawyer in the specific context of the facts of your case.
Re: Deposition & Fith Amendment right
The common law crime of defamation has been repealed in Maryland. You do not have a Fifth Amendment right against testifying.
You could be joined as a party to the suit even though not originally named.
You have no basis to refuse the subpeona or not to testify. Refusal of a subpeona may result in penalty.
You should contact an attorney for representation.
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