Search for: "Subpoena Duces Tecum"
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28 Sep 2015, 6:00 am
These types of conflicts, of course, are not unprecedented.[23] For example, U.S. courts for many years have had to determine whether to enforce (via contempt citations) U.S. grand jury subpoenas seeking documents, despite claims by the recipients of those subpoenas that compliance would violate foreign laws, such as bank secrecy laws.[24] Some decisions have rejected arguments that it is “unfair to require the [recipient of the subpoena] to be put in the… [read post]
28 Sep 2015, 3:48 am
In re Grand Jury Duces Tecum, supra. [read post]
18 Sep 2015, 4:45 pm
Providing Documentation While it does not always force you to appear in person, the “subpoena duces tecum,” or subpoena to produce evidence, does demand that you release from your possession any documentation pertaining to the case. [read post]
13 Jul 2015, 8:56 am
Subpoena Duces Tecum – This is a request for production of documents to a third party. [read post]
1 Jul 2015, 7:34 am
Subpoenas Are Improper Some federal district courts view Rule 45 subpoenas as inappropriate discovery tools for parties[12] and persons under the control of parties. [read post]
25 Jun 2015, 8:45 am
The Manual suggests some best practices: Sound grand jury practice requires that: The prosecutor personally authorize the issuance of a subpoena duces tecum to obtain financial institution account records to avoid any appearance that the matter was left to the discretion of an investigative agent serving the subpoena Waitaminute, you might say. [read post]
18 Apr 2015, 3:44 pm
In addition to the confidentiality of the information sought, a subpoena duces tecum may not be used for purposes of procuring discovery, or to ascertain the existence of evidence (see Matter of Amex v Vinci, 63 AD3d 1055 [2d Dept. 2009]; Matter of Terry D., 81 NY2d 1042, 1044 [1993], citing People v Gissendanner, 48 NY2d 543, 551 [1979]). [read post]
17 Apr 2015, 1:53 pm
The Office of Child Support Enforcement (hereinafter "OCSE") moves to quash the plaintiff's court-ordered subpoena duces tecum. [read post]
12 Apr 2015, 11:23 am
In addition to the confidentiality of the information sought, a subpoena duces tecum may not be used for purposes of procuring discovery, or to ascertain the existence of evidence (see Matter of Amex v Vinci, 63 AD3d 1055 [2d Dept. 2009]; Matter of Terry D., 81 NY2d 1042, 1044 [1993], citing People v Gissendanner, 48 NY2d 543, 551 [1979]). [read post]
11 Apr 2015, 11:19 am
In order to determine whether OCSE is entitled to a protective order denying the disclosure of cancelled check records and financial data, the court should consider the same factors that would be considered on a motion for the issuance of a subpoenas duces tecum. [read post]
20 Mar 2015, 5:18 pm
The plaintiffs’ attorney asserts the opposing counsel did not cite nor suggest any law which would require withdrawing the subpoena duces tecum served upon the nonparty witness. [read post]
17 Mar 2015, 10:52 am
This notice can be filed “duces tecum,” which means that the bank’s chosen spokesperson is subpoenaed to bring all its files and paperwork along for review and questioning. [read post]
6 Mar 2015, 3:30 pm
A New York Family Lawyer said that, on December 7, 1976, a New York County Grand Jury, pursuant to its investigation into the sale of babies in violation of Social Services Law, Section 374(6), 1 issued two subpoenas duces tecum. [read post]
25 Feb 2015, 7:18 am
Plaintiff had served a subpoena duces tecum on several entities which were not party to the case. [read post]
16 Feb 2015, 4:24 pm
KYLE PATRICK ALLETAG, Respondent. 1st District.Civil procedure -- Discovery -- Non-party accountant -- Accountant-client privilege -- Production of documents from accountant without first determining their privileged status through in camera review -- Where objection is made to issuance of subpoena duces tecum to accountant, deposition is no longer the only method available to obtain production of documents -- Court can rule on objections, and has discretion to fashion a… [read post]
3 Feb 2015, 9:18 pm
The subpoena is a document used to request that the other party (or a third party) appear for a deposition, or in the case of a subpoena duces tecum it is a request to ask a third party to produce documents. [read post]
20 Jan 2015, 11:25 pm
A few weeks ago, Virginia Delegate Rich Anderson (R) and Senator Richard Stuart (R) introduced an amendment in the Virginia General Assembly, HJR 578, which would amend the Virginia constitution by replacing the state equivalent of the Fourth Amendment with an all new version designed to be an ‘update’ for the 21st century. [read post]
15 Jan 2015, 8:13 am
Supreme Court long ago held that even unprivileged documents or objects that could be subpoenaed by a grand jury have a testimonial component where the person subpoenaed is a potential subject of the grand jury’s investigation: by turning over subpoenaed materials, the person is acknowledging their existence, his possession of them, and he is authenticating that they are what the subpoena seeks. [read post]
12 Jan 2015, 6:59 am
The prosecutor said the two conditions he requested were based on documents “`provided in discovery, delivered by MySpace to the District Attorney's office pursuant to a subpoena duces tecum. [read post]
6 Dec 2014, 12:48 pm
Defendants move for an order modifying a Grand Jury subpoena duces tecum directed to their accountant, which commands, inter alia, the production of personal income tax retuns of the defendants, FDO, Sr., MDO and GM. [read post]
