Joseph D. Hardiman and Jaketa L. Patterson, as Co-Administrators of the Estate of Britney R. Meux v. Jason R. Cozmanoff

MASSA, Justice.

“Inevitably, in civil cases where related criminal charges are involved, tension will arise between plaintiffs’ rights to a just and timely adjudication and defendants’ rights to refuse to answer under the Fifth Amendment upon a reasonable fear of prosecution.” Nat’l Acceptance Co. of Am. v. Bathalter, 705 F.2d 924, 932 (7th Cir.1983) (internal citation omitted). The case we address today involves just this sort of tension; the civil trial court granted a limited stay of discovery against the defendant, but ordered him to respond to the plaintiffs complaint. Both sides…