A deposition of Tetyana Kimberlin had been scheduled for next week, but she has invoked her Fifth Amendment privilege—as is her right.
This particular filing deserves some commentary. IANAL, but I’ve been in communication with some, and I believe I am correctly reporting their analysis.
First, one doesn’t move to quash a deposition. A party seeking to limit or avoid a deposition files for a protective order. The Kimberlins did file for one, and it has not been granted. They are obliged to cooperate fully with discovery until a protective order is issued. A pending order that may never be granted does not stay discovery.
Second, Brett Kimberlin filed the motion along with Tetyana, but he has no standing in the matter.
Third, marital privilege is more limited that the Kimberlins appear to believe. It doesn’t allow one spouse to refuse to testify against everything about the other.
Fourth, pleading the Fifth prevents a deponent from having to answer questions which may tend to incriminate him or her, but dropping the nickel has other significant ramifications in a civil matter.
Fifth, the Kimberlins whining that it is unfair for them to be held to the Rules is getting to be a boringly common refrain. It is not unfair for Aaron Walker to fail to attend a deposition when he was not properly served with notice, and it is would not be unfair to require Tetyana Kimberlin to be deposed when she was given proper notice.
Finally, Tetyana Kimberlin is within her rights to refuse to be deposed because her testimony might incriminate her. The facts alleged against her establish the elements of several crimes as well as the civil tort of malicious prosecution.