Can I plead the fifth when asked questions at a deposition hearing in my wife’s boyfriend’s lawyer’s office if I know absouetly no details of there affair?

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Can I plead the fifth when asked questions at a deposition hearing in my wife’s boyfriend’s lawyer’s office if I know absouetly no details of there affair?

The boyfriend’s wife is doing this just to punish my wife and embarass her and me.

Asked on September 6, 2012 under Family Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The Fifth Amendment ONLY allows you to avoid answering questions which could result in criminal liability--i.e. which could potentially cause you to go to jail. It does not protect you from questions which are embarrasing, which could injure another person, or which could result (potentially) in being sued or losing a lawsuit. So unless you are looking to conceal evidence of a crime, then the 5th Amendment would not apply.


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