Fill and Sign the Motion of Defendant Requesting a Form

IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI and PLAINTIFFSVS. CIVIL ACTION NO. DEFENDANT MOTION OF DEFENDANT REQUESTING A RULE OF COURT ON PARTICULAR ANSWERS REQUIRED BY THECOMPLAINT AND DISCOVERY FILED HEREIN AS TO WHETHER RESPONSES THERETO MAY TEND TO INCRIMINATE THE DEFENDANTCOMES NOW the Defendant, , and files this his/her Motion Requesting a Rule of Court on Particular Answers Required by the Complaint and Discovery Filed Herein as to Whether Responses Thereto May Tend to Incriminate the Defendant, on the following ground:1. The factual basis of this lawsuit recently was presented in support of a criminal indictment against this Defendant sought from the Grand Jury of County, Mississippi.2.As such, responding to any factual allegation either in the Complaint, Interrogatories, Request for Admissions and/or Request for Production of Documents may tend to incriminate this Defendant in violation of his/her rights secured under the Fifth Amendment to the United States Constitution and Section 26 of the Mississippi Constitution of 1890.3. The Mississippi Supreme Court has directed in the case State v. Myers, 146 So.2d 334 (Miss. 1962) that the proper way to raise a self-incrimination defense to responding to a complaint or discovery in a civil action is by way of objecting to answering the specific allegations in the complaint and/or discover and following up these objections with a motion, as here, requesting a rule of this Court as to whether the responses to the allegations objected to in the Complaint, and discovery may tend to incriminate this Defendant.WHEREFORE, Defendant prays that this Court enter an Order protecting him from having to respond to all allegations of the Complaint objected to by this Defendant and all discovery requests on the grounds that responding thereto may tend to incriminate this Defendant. Respectfully submitted, _______________________________________ Attorney for Of Counsel: Telephone: MSB # Attorney for NOTICE OF MOTION Please take notice that Defendant will bring on for hearing his/her Motion Requesting a Rule of Court on Particular Answers Required by the Complaint and Discovery Filed Herein as to Whether Responses Thereto May Tend to Incriminate the Defendant before the Honorable >>, Circuit Court Judge, County Courthouse, , Mississippi, on , , 20 , at o'clock, >>.m. Respectfully submitted,___________________________ CERTIFICATE OF SERVICE I, , hereby certify that I have this date mailed, postage prepaid, a true and correct copy of the above and foregoing Motion of Defendant Requesting a Rule of Court on Particular Answers Required by the Complaint and Discovery Filed Herein as to Whether Responses Thereto May Tend to Incriminate the Defendant to Hon. , , , Mississippi.This the day of , 20 . ____________________________