Although it is a rare occurrence when a witness claims the privilege against self-incrimination at a deposition, attorneys should be knowledgeable on the law surrounding the privilege so that they may prepare for or quickly respond to the situation.
Understanding the implications of invoking the privilege at a deposition is made all the more formidable by the scant case law on this issue. Because Pennsylvania state court decisions on the issues are guided by federal standards, analysis of both state and federal court decisions is required.
The Privilege
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