Section 2.36 Use Immunity

• Library: Creditors' Remedies (2009 Ed. + 2014 Supp)

B. (§2.36) Use Immunity

In 1993, the legislature amended § 513.380, RSMo 2000, to include a provision that any prosecuting attorney or circuit attorney may grant use immunity from prosecution to a judgment debtor for any statement made at a judgment debtor examination. This use immunity protects a judgment debtor from prosecution for any offense related to the content of the statements made. Both the St. Louis County and St. Louis City Prosecuting Attorneys' offices are willing to provide letters of "use immunity" in connection with judgment debtor examinations. In State ex rel. Harry Shapiro, Jr., Realty & Investment Co. v. Cloyd, 615 S.W.2d 41 (Mo. banc 1981), the Supreme Court held that article I, § 19, of the Missouri Constitution requires that once a witness claims the privilege against self-incrimination, a rebuttable presumption arises that the witness's answer might tend to incriminate the witness.

There are a couple of reported decisions interpreting the amendment that indicate that the amendment may have limited effect. In Brilliant v. Feinberg, 7 S.W.3d 20 (Mo. App. E.D. 1999), the court refused to entertain an appeal of an order sustaining a motion to quash a subpoena issued in connection with a motion for examination of the judgment debtor that was coupled with a...