Section 2.23 Privilege Against Self-Incrimination
Library | Discovery 2015 |
A party has the right to claim privilege against self‑incrimination during discovery in a civil action. That party’s pleadings may be stricken, however, if the party seeks affirmative relief. Franklin v. Franklin, 283 S.W.2d 483 (Mo. banc 1955). The theory is that the party waives the privilege by placing the matter in issue, and the opposing party has a right to discover the information or obtain a dismissal of the pleadings. Geldback Transp., Inc. v. Delay, 443 S.W.2d 120 (Mo. 1969).
In State ex rel. Lieberman v. Goldman, 781 S.W.2d 802 (Mo. App. E.D. 1989), invocation of the privilege against self-incrimination to avoid compliance with discovery requests justified the trial court’s refusal to permit the defendant to seek any affirmative relief by way of counterclaim or cross-claim. But the trial court exceeded its jurisdiction in precluding the defendant’s assertion of any affirmative defenses by reason of invocation of the privilege. Furthermore, the trial court could not properly preclude the defendant from utilizing discovery procedures to support the affirmative defenses that the...
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- Section 2.1 General Provisions
- Section 2.2 Appointment of Master Over Discovery
- Section 2.3 Limitations Generally
- Section 2.4 Local Rule Discovery
- Section 2.5 Relevancy Standard
- Section 2.6 Insurance
- Section 2.7 Retained Experts
- Section 2.8 Non-Retained Experts
- Section 2.9 Methods of Discovery Available
- Section 2.10 Interrogatories Step
- Section 2.11 Deposition Step
- Section 2.12 Identity of Experts
- Section 2.13 Materials Reviewed and Relied on by the Expert
- Section 2.14 Materials Provided to the Expert
- Section 2.15 Reports or Documents Prepared by the Expert
- Section 2.16 Fees of Experts
- Section 2.17 Ex Parte Communications
- Section 2.18 Duty to Supplement
- Section 2.19 General Provisions
- Section 2.20 Physician-Patient Privilege
- Section 2.21 Attorney-Client Privilege
- Section 2.22 Accountant-Client Privilege
- Section 2.23 Privilege Against Self-Incrimination
- Section 2.24 Communications Between Husband and Wife
- Section 2.25 Priest-Penitent Privilege
- Section 2.26 Governmental Privileges
- Section 2.27 Peer Review Privilege
- Section 2.28 Employment Records
- Section 2.29 Work Product Generally
- Section 2.30 Matters Protected as Trial Preparation Materials (Work Product)
- Section 2.31 Certain Trial Preparation Materials Discoverable—When
- Section 2.32 Protective Orders Generally
- Section 2.33 Reasons for Seeking Protective Orders and Relief Available
- Section 2.34 Pleadings
- Section 2.35 Court in Which Motion Is Filed
- Section 2.36 Showing Required for Order
- Section 2.37 Timing of the Motion
- Section 2.38 Procedure if the Order Is Refused
- Section 2.39 Sanctions Concerning Motions for Protective Orders
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