Rule 5.548.Granting immunity to witnesses

Where it appears that testimony being sought may tend to incriminate a witness, the court must advise them of the privilege against self-incrimination and the possible consequences of testifying — and of the right to counsel, appointed if they are indigent.

Where the witness then refuses to answer or produce evidence on that ground, a judge may grant immunity and order the question answered. In delinquency proceedings the prosecuting attorney requests it and the court proceeds under the Penal Code; the witness may be granted use or transactional immunity, and compelled testimony — or information derived from it — may not be used against them in any criminal case, including a juvenile delinquency proceeding.

In dependency and status-offence proceedings the prosecutor or petitioner may request, jointly or alone. If not joint, the other party gets an opportunity to show why immunity should not be granted, and the judge decides. If joint, the judge must grant it unless doing so would be clearly contrary to the public interest — with the terms stated in the record.

Immunity has a limit: it does not protect against proceedings or prosecution for perjury, false swearing, or contempt committed in answering or failing to answer, or in producing or failing to produce evidence.