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Since I'm not a lawyer, does anyone have any reference to the 5th amendment ever being (successfully) used to avoid discovery? I thought that only applied to te
by inlined 10y ago
Since I'm not a lawyer, does anyone have any reference to the 5th amendment ever being (successfully) used to avoid discovery? I thought that only applied to testimony.
- tgjsrkghruksd 10y agoIt's often argued that disclosure of the knowledge of the existence and location of the subject of a discovery demand is itself testimonial. Sometimes, a court will partly agree and require accommodations to discovery, such as production through the deponent's attorney and precluding any disclosure of where the item or information came from. Perhaps a more likely outcome is sanctions, such as an adverse inference, costs, or even a directed verdict.