united-states testimony
Does the subject of subpoena have to give a reason when refusing to testify?
<p>If a person receives a subpoena and does not want to testify, do they have to give a reason? For example, let's imagine a person who was driving a car when it was involved in an accident that resulted in a fatality is subpoened to give testimony at an inquest. The person refuses to testify without giving a reason.</p>

<p>Can the judge then fine or imprison the person?</p>

<p>If the answer is "yes," then what is the recourse of the person? Can they appeal the ruling to an appellate court of some time and submit a brief that more or less that being forced to testify could incriminate the witness.</p>

<p>In other words, the fundamental question here is: <strong>Is it the judge's duty to recognize when testimony could be incriminating and excuse a witness, or does the witness have a legal onus to justify the refusal to testify, even when it is obvious that the possibility of self-incrimination exists?</strong></p>

<p>Disclaimer: All of the following should be preceded by "<em>In theory</em>". The reality is oftentimes very different because some or many courts themselves disavow the law.</p>

<blockquote>
  <p>Does the subject of subpoena have to give a reason when refusing to testify?</p>
</blockquote>

<p>Yes. The witness would need to argue in a "motion to quash subpoena" the reason(s) why he should be excused from testifying.</p>

<blockquote>
  <p>The person refuses to testify without giving a reason. Can the judge then fine or imprison the person?</p>
</blockquote>

<p>Yes. First the party who seeks to depose that witness would need to file a "motion to show [good] cause".</p>

<p>If the witness fails to respond to that motion persuasively (or at all), the court would have to find him in <em>civil contempt</em>. At that point the court at its discretion will give a new deadline for the witness to comply with the subpoena. Persistent failure to comply therewith will prompt the court to order a sanction, which may be in the form of fine, prison, or other injunctions till the witness complies with the subpoena/order.</p>

<blockquote>
  <p>Can they appeal the ruling to an appellate court of some time and submit a brief that more or less that being forced to testify could incriminate the witness.</p>
</blockquote>

<p>Yes, but that seems futile and excessive because the witness is unlikely to persuade that <em>any and all</em> testimony he provides will amount to self-incrimination.</p>

<p>A more appropriate approach would consist of testifying at deposition and raise there the pertinent objection(s) to questions that truly hinder the witness's right against self-incrimination.</p>
