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Civil Practice – Appeals – Interlocutory – Discovery Order – Constitutional – Fifth Amendment Privilege (access required)

Fields v. McMahan In her memorandum opposing defendant’s motion to compel discovery, plaintiff forecasted the assertion of her Fifth Amendment privilege against self-incrimination in the event the trial court allowed defendant’s motion. The trial court granted the motion to compel discovery; however, the trial court did not have an opportunity to rule on the self-incrimination issue before plaintiff appealed the order granting defendant’s motion to compel. Plaintiff asserts the same privilege on appeal.

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