Page 110 - REDEMPTION_Flipbook_Final 2025

- REDEMPTION -

Sons, Inc. v. Enterprise Animal Oil Co., Inc. 14 F.R.D. 333 (E.D.
Pa. 1953).
Fields also cited further cases to support his Motion for
Stay as follows: Dustin W. Brown v. The Superior Court. This
case asserted a privilege against self-incrimination of the U.S.
Constitution, Fifth Amendment. The Court held that privilege
was available to defendants even in a civil action.

Dwyer v. Crocker National Bank. This case invoked its
privilege against self-incrimination at deposition and refusal
to produce documents. The Court of Appeals affirmed that
the trial court properly precluded plaintiff from using the self-
incrimination privilege as a shield and as a sword.
Patterson v. White, 551 So. 2d 923; 1989 Ala. This case as-

serted that the discovery request violated his privilege against
self-incrimination. White filed answers and raised Fifth
Amendment privilege as incriminating. In a Petition for Writ
of Mandamus, he argues that his constitutional protection
against self-incrimination cannot be waived merely by failing
to file objections or responses to civil interrogatories within
the time allowed. He maintains that by responding, he waives

the privilege. The test for waiver is, "the failure to make a timely
objection to the interrogatories or request for production did
not constitute a waiver of the constitutional privilege against
self-incrimination." The Supreme Judicial Court of Maine ruled
in Huot v. Gendron, 284 A.2d 899, 901 (Me. 1971), that, "fail-

ure to file timely objections does not constitute a waiver of the
privilege against self-incrimination."
The Depositions
Mr. Feldman's office wasted no time in noticing the depo-
sition of Michael Jackson, knowing full well that Michael Jack-
son was on tour out of the country. Depositions are filed on
the attorney representing a party to the action, therefore, even
though Michael Jackson was out of the country, it was his

attorney's job to make sure he attended the deposition (or re-
schedule to a date mutually agreeable to all parties concerned).
If, however, the parties fail or refuse to attend the noticed depo-

109