5) See infra notes 54-90 and the corresponding text (illustrating some of the practical issues which may arise if a subpoena duces tecum
is issued prereferral for bank records, internet service provider e-mail content, and psychiatrist-patient records).
grand jury subpoenas duces tecum
, and discusses the tests courts use to
The requirements for a valid subpoena duces tecum
in a criminal
Eighth Circuit: In re Grand Jury Subpoena Duces Tecum
Florida courts have held that a subpoena duces tecum
is less intrusive than a search warrant.
Nurse Chapman filed a court petition seeking to compel the hospital to produce the medical records in question described in a Subpoena Duces Tecum
(SDT) served on the hospital commanding that the hospital produce the records for the administrative hearing.
1) This guidance comes from a New York State Court of Appeals case (Subpoena Duces Tecum
In early 2001, the District Attorney served Grand Jury subpoenas duces tecum
on 23 hospitals, including four facilities operated by the New York City Health and Hospitals Corporation (HHC).
5) I have carefully explained to bewildered students that the Fifth Amendment "privilege" can be asserted against a subpoena duces tecum
only in the rare case where the prosecutor proposes to use the evidence of compliance with the subpoena as inculpatory in itself.
In re: Subpoena Duces Tecum
Served on the Office of the Comptroller of the Currency, No.
A subpoena for records is called a subpoena duces tecum
1988) (quoting Grand Jury Subpoena Duces Tecum
Dated April 23, 1981 Witness v.
In this regard, a search warrant differs from a subpoena duces tecum
,(1) which permits subjects to conduct their own searches for requested items while permitting the government to embark on a fairly wide-ranging and speculative inquiry for possible evidence.
In such a case, the litigant's counsel may want to inspect the appraisal or written documents of the appraiser, and could request access to such appraisals either informally or through a subpoena duces tecum
Nasdaq:ESRX) announced that on August 13, 2002, the company received a subpoena duces tecum
issued by the Office of Inspector General (OIG) of the U.