State ex rel. Nothum v. Circuit Court (Walsh)

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David and Glenette Nothum sought a writ prohibiting the circuit court from compelling them to testify in a judgment debtor's examination conducted pursuant to Mo. Rev. Stat. 513.380. The court ordered the Nothums to testify despite their assertion of the privilege against self-incrimination and held them in contempt when they refused to do so, finding that the immunity granted to the Nothums pursuant to section 513.380.2 was coextensive with their constitutional privilege. The Supreme Court granted a permanent writ of prohibition, holding that the trial court abused its discretion in ordering the Nothums to testify, as the immunity in this case did not include derivative use immunity and, so, was not coextensive with the Nothums' constitutional privilege. View "State ex rel. Nothum v. Circuit Court (Walsh) " on Justia Law