Florida Ex Rel. Butterworth v. Southland Corp.

AMENDED MEMORANDUM OPINION

SCOTT, District Judge.

Plaintiff, State of Florida, moves for an order requiring witness Elmer Bielick to state the basis for refusal to answer questions. In the context of the motion, two legal issues are raised:(1) Whether a witness must state the specific basis for his objection on the record where he raises a constitutional objection/ privilege?(2) Whether counsel may invoke a witness’ privilege against self-incrimination or whether the witness must personally invoke the privilege?

The first question is relatively simple; the second question is more difficult and…