Questions tagged [subpoena]

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Which US States Allow Pre-litigation Civil Supoenas?

In which US States are pre-litigation civil subpoenas allowed? Thank you, James Pedersen
8 votes
3 answers
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Can medical records ever be subpoenaed or discovered in any judicial context?

My understanding is that medical records are legally privileged. What does this actually mean? Can they ever be required by a court to be disclosed under any context, or for any reason? (e.g. if ...
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Are there any circumstances where the court could order authorities to seize subpoenaed materials in a civil suit?

As the title. I am aware that there are a number of punitive measures courts can take when parties do not comply with discovery. Is there point where the court can order the collection of materials by ...
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6 votes
1 answer
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Why don't they just issue search warrants for Steve Bannon's documents?

One of the contempt charges Bannon face is for not handing over documents to the Jan 6th committee. Why can't they just issue search warrants for every location remotely-associated with Bannon and ...
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1 vote
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How can I get a discovery subpoena without necessarily filing a civil complaint?

I may have been defamed on Facebook by a person who verbally threatened to put defamatory material about me on their page. I do not have access to this person's Facebook page. In order to determine ...
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1 vote
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Can an expert refuse to give expert testimony? [duplicate]

Can an expert be forced to give expert testimony with the use of a subpeona? Seeing as they are putting there reputation on the line it would not strike me as unfair to force a professional into ...
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1 vote
1 answer
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Is code on Github safe against US claims?

I run a smaller non-US company producing hardware-related code. Since the code is hardware related I might patent it (the entire system) outside US at some time. I want to use Github to store my code ...
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6 votes
3 answers
2k views

Obtaining information that requires a court order but before to going to the court?

I'm struggling with the following dilemma. Some information is not accessible without a court order, for example, some data stored in Apple / Google / Facebook servers. Going to the court directly is ...
10 votes
1 answer
1k views

Personal devices subject to subpoena?

I work for a company in the US in IT, and don't have a company provided phone. I've resisted installing work-related apps on my phone (such as Skype/Teams, Outlook) out of concern that my phone might ...
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2 votes
1 answer
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What would happen if a minor was falsely accused of being a predator by an online sting group for sexting and an investigation started? [closed]

What would happen if a minor sexted other minors online, posted offensive and outrageous things, adult porn and a sting group reported them to the police assuming they were a predator and essentially ...
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28 votes
4 answers
9k views

What happens to Donald Trump if he refuses to turn over his financial records?

Headlines for 2021 February 22 read "Supreme Court Approves Subpoena for Trump's Financial Records". Since the Supreme Court has now ruled on the matter, I am not aware of any other body to ...
3 votes
1 answer
539 views

Can someone plead the fifth regarding impeachment?

Recently, former president Trump turned down the opportunity to testify at his own impeachment hearing. However, given the magnitude of the charges, could he be compelled to testify by subpoena? Or ...
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1 answer
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Can I subpeona a bank to get contact information of bank account holders who defrauded me?

I have been a victim of online fraud. A large amount of money flowed from my account to various (around 10) Bank of America/PayPal accounts in the US. I have filed a police report. The police report ...
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3 answers
493 views

What is the difference between a subpoena and a court order?

In the context of trying to get someone’s real personal information from online/social media accounts, which is necessary?
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1 answer
112 views

Online crime, subpoena, search, and arrest [closed]

Suppose that someone hacks a website, and suppose that the police find what the hacker's IP address was at the time of hack, and they contact the Internet Service Provider to resolve the IP address to ...
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1 vote
2 answers
116 views

Can owner of stolen goods found for sale subpoena seller to disclose the source?

Someone steals Bob's bike in 2010. In 2020 Bob finds it for sale. It's too late to prosecute for theft, so the police wouldn't bother. Of course Bob doesn't know if the seller was the thief. The bike ...
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2 votes
2 answers
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Legal consequences of complying with a house subpoena?

I keep seeing in the news that, at the president's order, people are ignoring subpoenas from the house of representatives, citing executive privilege. So what legal bite does the president have if ...
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2 votes
2 answers
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A member of Congress subpoenas phone records and then release them: does this violate any US Laws?

If a member of Congress (e.g. Representative Schiff) subpoenas phone records of people (which is allowed) and releases them directly (in a report) or indirectly (leaked to press). Does this violate ...
4 votes
0 answers
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Subpoena across state lines

I am curious about how subpoenas work across state lines. Let's assume that a matter is before the county court in NJ but information is needed from a person domiciled in NY. It seems that an NJ ...
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Gag order in reference to a Criminal Investigation

Lets say you reach terms with a party "B" about a dispute and they specify a gag order. That is you cannot disclose the nature of the settlement, or disparage party "B". The settlement is in ...
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1 vote
2 answers
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Are there any circumstances under which a federal court order may be lawfully ignored?

Question is in the title. Another formulation: Are there any circumstances under which a defendant may lawfully decline to comply with a federal court order? A sort of mini-appeal process, if you will?...
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4 votes
1 answer
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Can William Barr fully comply with the House Judiciary Committee's Subpoena?

Background Given the comments from the question of the same name on Politics.SE, I thought it would make sense to also ask it here. On April 19th, Jarrold Nadler, head of the House Judicial ...
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2 votes
2 answers
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What happens when an ISP who was subpoenaed for an IP doesn't have their IP logs anymore?

What if police wanted to find a copyright violator or someone who hacked or committed a worse crime in the United States and the ISP in question deleted there IP assignment logs. Then how would they ...
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Does the sixth amendment protect the right to compulsory process for other types of evidence?

As an example, would it protect the right for a defendant to get a subpoena for phone company records to try an establish an alibi? Read literally, the compulsory process clause only provides "...
1 vote
1 answer
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Federal prison and congressional testimony

Assume an individual has been convicted and sentenced for United States Federal crimes and is serving his sentence in the appropriate Federal prison. Then, he is subpoenaed to testify, under oath, ...
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1 answer
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Is it legal for the President of the US to ignore a subpoena?

In 2012, Obama was subpoenaed in the case Farrar, Lax, Judy, Malaren, and Roth v. Obama. However after a failed attempt to quash the subpoena on the basis that a sitting president cannot be subpoenaed ...
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2 answers
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Could the Swedish government require a VPN to start logging user activity?

This question is basically the same as this question, but for Sweden instead of the United States Could the US government force a VPN provider to start logging? If the government asked a VPN that ...
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1 vote
1 answer
290 views

Could the US government force a VPN provider to start logging?

Lets say that the US Government had a subpoena to get logs of user activity. However, assuming the VPN provider was not previously logging, could the government ask the provider to start logging, in ...
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2 votes
1 answer
71 views

Which comes first: contracts or subpoena orders?

Example scenario If I am a reporter and I write an article from a source who did not want to disclose his identity and I signed a contract to never disclose his identity. But the court now demands ...
0 votes
2 answers
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Does a subpoena's powers extend beyond the entity it is served to

If a company is served with a subpoena, and it in turn emails all of its employees asking for any related documents, does the email carry the same powers as the original subpoena? Jurisdiction: US ...
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1 answer
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Could a Judge or Attorney General or Similar Start a New 9/11 investigation?

On May 11th, 2018 a request was made by one of the many 9/11 for truth platforms which is endorsed by nearly 3000 architects and engineers to the US congress to reopen a new 9/11 investigation. This ...
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2 votes
1 answer
129 views

What is the charge if you erase digital information that was subpoenaed?

First off I’ll let you know that this would apply for Canada. Here’s the scenario: You own a server which is used to host a secure and encrypted message website/app. Say there is possible evidence ...
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1 vote
1 answer
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Gmail harassment and IP address

Under what circumstances will the police subpoena Gmail for an IP address? I have been harassed by my ex girlfriend but it has stopped a few months ago. She has not so much harassed me as she ...
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1 vote
2 answers
345 views

Why should a witness have to be arrested if they didn't answer the summons of a subpoena?

If this is a why of the law based on policy, I will move it to the politics site. I do not think it is right to arrest someone who hasn't broken any laws. The witness didn't probably show up due to ...
1 vote
2 answers
2k views

Is probable cause of a crime necessary for a subpoena to be issued?

In order to get a subpoena, wouldn't the prosecutor have to show probable cause that a crime was committed? According to news outlets (example), Mueller has subpoenaed a Trump organization. I did ...
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1 answer
133 views

Australia - Subpoena bank records

I'm self-representing for a case that is centred on whether an amount of money was raised or not. I have reason to believe the defendant is likely to alter any documents he presents related to bank ...
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1 vote
1 answer
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What is the extent of legal power of a USA Congressional inquiry?

When a US Senator or Congressperson poses a question to a private company about some behavior or action of the company, does that carry any legal weight? In other words, is the company required to ...
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1 answer
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Limits on requests for production of documents under FRCP

The FRCP requires that parties make available documents to the party requesting same documents for inspecting and or copying. But suppose the parties to a civil action are hundreds of miles apart? ...
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1 vote
1 answer
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Would I be liable for any illegal traffic that comes through my VPN?

Say I hosted a virtual private network somewhere on a cloud hosting provider, say an amazon aws server. If I shared access to that VPN to other people (say for simplicity's sake, 5 friends), someone ...
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2 votes
2 answers
1k views

Under what circumstances can a subpoena be issued?

I'm trying to help someone out on a different Stack Exchange website about a stolen device. Not many of us know many too much about the law. We are trying to figure out who has/where is the stolen ...
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3 votes
3 answers
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What's the point of a subpoena if you can just invoke the fifth amendment?

I always thought a subpoena was an order to produce evidence or testimony, but I recently realized that you can just invoke the fifth amendment if you're served a subpoena. Given the complicated ...
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