Clinton IT aide to plead the Fifth in email case

[JDPriestly]

74. This is just my experience. I can't say what would happen in a case you might be

involved in because these matters of procedure depend on the facts of the case.

In general, a party to a lawsuit has the right to compel testimony of witnesses. That right is of course within certain limits so what I am telling you does not always apply.

If someone does not want to testify, then when appropriate, and I repeat, when the judge deems the testimony appropriate and the order to testify appropriate, the judge can order the potential witness to testify. In the case of a deposition, in my experience a judge can if he thinks it is justified, order a witness to answer questions at a deposition.

What happens if the potential witness does not comply with the judge's order? Well, in some cases, but by no means always, a judge has the authority to deem the reluctant witness to be in contempt of court. That can end in a penalty including in some cases, a jail visit.

It all depends on the facts of a case, so a potential witness relies on his/her lawyer to decide what to do.

Sometimes a party to a law suit tries to do a deposition when it isn't appropriate. Sometimes the judge doesn't order the testimony even if it is requested.

That's why lawyers don't give advice on the internet. Everything depends on the facts of a particular case.

Just in general, people don't take the Fifth without a good reason. But the rules are not cut and dry in my experience.