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Questions tagged [subpoena]

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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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2answers
50 views

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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2answers
90 views

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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1answer
140 views

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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2answers
172 views

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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2answers
273 views

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 "...
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1answer
71 views

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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1answer
737 views

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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1answer
47 views

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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1answer
80 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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1answer
58 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 ...
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2answers
65 views

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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1answer
97 views

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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1answer
76 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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1answer
516 views

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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2answers
249 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 ...
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2answers
1k 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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1answer
61 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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1answer
36 views

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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1answer
296 views

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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1answer
240 views

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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2answers
603 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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9k views

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 ...