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0468 A defendant in a civil action who claims protection of the 5th Amendment privilege against self-incrimination must show that s/he is being compelled to testify and that such testimony might be used against him/her in a criminal proceeding; the possible imposition of civil sanctions for refusing to testify is not compulsion to testify; if the statute of limitations on the crime for which defendant's testimony might be self-incriminating appears to have expired, defendant must show either a possibility that it has been tolled or the possible relevance of the testimony to the prosecution for some other crime.CitationBLACKBURN v SUPERIOR COURT (Self-incrimination) 21 CA4 414 [See: EvC 1101(b); USConst Amend5]
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