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Old November 25, 2015, 03:36 PM   #12
Dreaming100Straight
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Join Date: February 3, 2013
Posts: 1,235
There is no right to remain silent in civil court

Excellent job, OldMarksman.

I no longer practice and when I did I didn't deal with firearms law or criminal law. I would still point out a major difference between the two. There is a right to remain silent in a civil action.

I mention this because I have read so many posts about how dead men don't talk and all you have to do is keep your mouth shut. If you do, it is nearly impossible to prosecute you. Perhaps criminally and any civil suit may be stayed until the conclusion of any criminal action, if one is brought, but there is no right to remain silent (to not be a witness against yourself) in a civil case.

What I am saying is don't think you can avoid civil liability by keeping your mouth shut.

Be careful dealing with your own insurer. Insurance does not cover intentional acts. As pointed out above, it covers negligent acts. The law is going to be different in different states, but whatever you tell your insurer about the shooting may come allow your insurance company to deny you coverage. Perhaps it won't even have to provide you with a defense in the civil case or, if it does have to pay for that defense it can later sue you to reimburse if for defense costs.

Last edited by Dreaming100Straight; November 25, 2015 at 03:48 PM.
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