Solimine v. Resendes

Plaintiff's opposition to defendant's motion for protective order


Should a drunk driver who is facing criminal charges be allowed to thwart any and all discovery while the criminal case is pending? This was the issue being disputed and this document contains plaintiff's opposition to defendant's motion for a protective order. While plaintiff recognizes that the Fifth Amendment privilege against self-incrimination does extend to civil proceedings, it is clear that criminal defendants have no generalized due process rights to stay proceedings in a related civil action, and there is no constitutional requirement that the civil proceeding must yield to the criminal one. This and other issues are covered in the memorandum of law.

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Reference Info:Legal Memoranda: Discovery Motions | State, 1st Circuit, Massachusetts | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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