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2007 SESSION

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HB 1663 Domestic relations cases; invocation of constitutional rights.

Introduced by: Robert G. Marshall | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Constitutional rights; invocation in domestic relations cases.  Provides that the invocation of a constitutional right in a civil action brought under Title 20 may be used against the party invoking this right. The effect will be to revive the application of the "sword and shield" doctrine in civil actions brought under Title 20. Currently, parties in divorce cases are able to invoke their right against self-incrimination, typically in response to allegations of adultery, without an adverse inference being drawn against them.


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