§69.7 Significant Authorities

• Jurisdiction: Washington

§69.7 SIGNIFICANT AUTHORITIES

This section summarizes the significant state, federal, and other authorities analyzing CR 69.

(1)Washington

CR 69(a) contemplates that an injunction in supplemental proceedings may issue pursuant to RCW 6.32.120, even if the requirements of CR 65 have not been satisfied. Seventh Elect Church in Israel v. [Gina]Rogers,34 Wn.App. 105, 660 P.2d 280, review denied, 99 Wn.3d 1019 (1983).

To properly assert a Fifth Amendment privilege, a judgment debtor must specifically establish a "real danger of incrimination" for each question asked. Id. at 121.

The marital privilege cannot be used to prevent a spouse from testifyingin supplemental proceedings, although the protections against revealing confidential communications while testifying will still apply. Seventh Elect Church in Israel v. [Priscilla] Rogers,34 Wn.App. 91, 96, 660 P.2d 290, review denied, 99 Wn.3d 1019 (1983).

(2)Federal

Ajudgment creditor proceeding under FED. R. CIV. P. 69(a) may use either state practice or the federal rules for taking depositions. See El Salto, S. A. v. PSG Co.,444 F.2d 477 (9th Cir.), cert, denied, 404 U.S. 940 (1971).

The judgment creditor...