Garcia directed the RIAA to confer with the University of New Mexico with a view towards establishing a procedure to give all affected parties prior notice and an opportunity to be heard in connection with the motion.Once an ex parte order is granted, the RIAA issues a subpoena to the ISP, and gets the subscriber's name and address.The RIAA then discontinues its "John Doe" "ex parte" case, and sues the defendant in his own name in the district where he or she lives.Thus, at… [read post]

Since “[a]n indictment must set forth each element of the crime that it charges, ” Almendarez-Torres v. [read post]