§ 845.Defendant Must Answer Questions - Answers Inadmissible In Prosecution For Fraud
Chapter 13: Limitation of Actions · Not amended since adoption on record · Last verified August 3, 2026
Full Text of § 845
Amendment History
R.L. 1910, § 5193.
Plain-English Summary
Section 845 trades one protection for another. A person examined under this article can't dodge a question just because an honest answer would tend to prove fraud. But the statute takes the sting out of that rule: whatever the person says can't be used as evidence against them in a prosecution for the fraud the answer revealed.
Frequently Asked Questions
Can a judgment debtor refuse to answer a question because the honest answer would reveal fraud?
No. Section 845 doesn't let a person examined under this article dodge a question on that ground.
If the debtor's answer reveals fraud, can it be used to prosecute the debtor?
No. The answer can't be used as evidence against the debtor in a prosecution for that fraud.
Does this protection cover other crimes besides fraud?
The text addresses only prosecution "for such fraud," so it's limited to the fraud the answer would tend to show.