Superior Ct.: Fifth Amendment Doesn't Bar Appearance of Doe Defendants
John and Jane Doe defendants in a defamation suit will have to appear for depositions, despite arguments that doing so would violate the Fifth Amendment privilege against self-incrimination, the state Superior Court has ruled.
September 17, 2015 at 07:50 PM
5 minute read
John and Jane Doe defendants in a defamation suit will have to appear for depositions, despite arguments that doing so would violate the Fifth Amendment privilege against self-incrimination, the state Superior Court has ruled.
A unanimous three-judge panel quashed the defendants' challenge to an order to compel discovery filed by Gary and Nancy Veloric, the plaintiffs in Veloric v. Doe. The ruling Monday upheld a decision from the Montgomery County Court of Common Pleas, which had granted the plaintiffs' order to compel discovery.
Although the Does had contended the order was an appealable collateral order since it involved their rights against self-incrimination, Judge Jacqueline O. Shogan said the Does were seeking to improperly apply that privilege.
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