Cal. Civ. Code § 407.045
Self-incrimination — person claiming right not subject to criminal prosecution or penalty — procedure
Operative Text
In any civil investigative demand served under section 407.040, no individual shall be permitted to refuse to answer any question material to the matter in controversy or to refuse to produce documentary material or testify on the ground that the testimony or documentary material required of him may tend to incriminate him or subject him to any penalty; but, if such individual asserts his rights against self-incrimination, he shall not be subject to criminal prosecution or to any action for a criminal penalty or forfeiture on account of any transaction, matter or thing concerning which he may testify or produce documentary material. To avail himself of this section, such individual need only make his assertion of his right against self-incrimination on the record or known to the attorney general.
Under Missouri's consumer protection law, Mo. Rev. Stat. § 407.045, individuals who receive a civil investigative demand cannot refuse to answer questions or produce documents by invoking their Fifth Amendment right against self-incrimination. However, the law provides a trade-off: if a person formally asserts that right on the record or notifies the attorney general, they receive automatic immunity from criminal prosecution or criminal penalties related to whatever they disclose. The assertion of the right itself is what triggers the protection, without requiring any additional formal process.
Plain English — not legal advice.
Property owners or managers who receive a civil investigative demand under Missouri's consumer protection statutes, including Mo. Rev. Stat. § 407.045, are generally expected to comply with requests for documents and testimony. If a landlord or their representative believes that responsive information could be self-incriminating, the practical path under this provision is to assert that right on the record or in writing to the attorney general, which activates the statutory immunity. Operators subject to such demands typically work with legal counsel to ensure that any assertion is properly documented and timely made.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
This provision, Mo. Rev. Stat. § 407.045, is primarily procedural and governs how individuals must respond to civil investigative demands issued by the Missouri attorney general in consumer protection investigations. While it does not directly create tenant rights in a landlord-tenant dispute, tenants who are called to provide testimony or documents in such an investigation should be aware that asserting a self-incrimination concern on the record can trigger immunity protections. Tenant-rights organizations or legal aid services can help individuals understand how this provision may interact with any broader investigation involving housing practices.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation