The privilege against self-incrimination is available to a plaintiff in civil proceedings at common law, and the commencement of proceedings raising issues touching on the plaintiff's allegedly incriminating conduct does not constitute a waiver of the privilege. The privilege remains available until and unless the plaintiff elects to conduct a positive case in rebuttal. A Protean Holdings split of the trial is appropriate where the plaintiff's case does not require proof of the truth or falsity of allegations raised by the defendant, and requiring the plaintiff to address those allegations in the case-in-chief would oblige the plaintiff to prove a negative without knowledge of the basis of the case against him.
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