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Recalcitrant Witness

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Invesco High Yield Fund v. Jecklin, No. 21-15809, 2021 U.S. App. LEXIS 25538 (9th Cir. Aug. 25, 2021)

Under the federal recalcitrant witness statute, 28 U.S.C. § 1826(a), when a witness refuses to testify or provide other information, including documentary evidence, the court “may summarily order his confinement . . . until such time as the witness is willing to give such testimony or provide such information.”  This decision holds that section 1826 applies to post-judgment as well… Read More