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6

The State Department has what I believe are deliberately awful FOIA processing guidelines, which categorize virtually every request as complex, unless all the requested documents are "readily available for release." Exactly what that means, I don't know, but I think it's safe to assume that they would not consider a 30-year-old document readily ...


5

It is common in state FOI or open access laws to exempt from disclosure records pertaining to police investigations. In some cases police procedures are also exampled. 91-A:5 Exemptions. (included in the document linked in the question) lists 6 exemptions, part of number IV is: Without otherwise compromising the confidentiality of the files, nothing in ...


5

Short answer: Maybe. Long answer: The answer here varies from jurisdiction to jurisdiction. Normally, the process goes like this: The application for the warrant is usually made under seal or otherwise in secret to prevent the target from trying to hide evidence. So before it's been executed, you can pretty much forget about accessing it. After the warrant ...


4

The wording is a little confusing, but I interpret it as saying the following: Normally, discovery in a court case allows either party to demand documents from the other, to be used as evidence. However, our courts have exceptions; certain documents might be 'privileged against discovery', meaning they couldn't be demanded in that way. If one of those ...


4

I believe that you have misinterpreted the case, not least because the Hudgins v I.R.S case involves this only peripherally. The original case Diviaio v Kelly was dealing with a request for the number of photographs taken of the plaintiff and if these had been disseminated outside the CIA. This is in no way shape or form a request for records (the records ...


4

No, nor can I request a copy of your tax return. See 5 USC 552a. Record maintained on an individual are not subject to disclosure.


3

They are claiming copyright protection so you cannot copy it unless fair dealing exemptions apply. However, there is no copyright in facts - only in they way facts are presented. If you present them in a different way ...


3

You would think so, but no While at first glance, President Trump sending a staff member to testify under oath in his place (to nullify any personal risk of perjury?) appears to epitomize the concept of "hearsay"-- a statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence ...


3

I don't know of any law requiring schools to proactively disclose the results of these sweeps, but if you asked for them, the Michigan Freedom of Information Act would likely require both the police and the school to release records that would give you an accurate picture of what happened. At the very least, I would expect the police department to write up ...


2

The question of whether they are a public record or not is more subtle and complex than it appears with a poorly developed case law (e.g. it goes to the question of whether a third party is allowed to be present at a deposition), but fortunately, isn't necessary to answer the question in this case. You cannot make a FOIA request to obtain these video files ...


2

In general First, it is true that individual provinces have their own rules governing non-profit organizations, and that federal charities are treated separately from other types of non-profit organizations in Canada. Since you are interested in a federal charity, the documents of interest are the Income Tax Act and the Access to Information Act. However, ...


2

I'm assuming you want a database or spreadsheet of traffic citations, and not copies of all the citations so that you can build a database yourself. Assuming that's correct, and assuming that such a database exists, the answer is yes, you may access that. There may be some data that the police are able to pull out, but you are generally entitled to records ...


2

Generally, when searching for court records, you want to Google with the county name, state and "court" and that will get you the state district court. Of course, if the case was in federal court, try the PACER system: Find a Case (PACER) | United States Courts. In your case, Washington County (OR) Court records are available here: Records - Washington ...


2

Can FOIA/Sunshine requests enjoin government offices to disclose present and future exam or interview questions? Section 6254(g) in the Chapter Inspection of Public Records states that this chapter does not require the disclosure of [...] Test questions, scoring keys, and other examination data used to administer a licensing examination, examination ...


2

Yes, it is hearsay. Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. Fed. Evid. R. 801. Trump's statement about what his tweets meant was made out of court, and the government is offering it to prove what Trump's tweets meant, as ordered by the court. It is therefore hearsay. Although not all hearsay is inadmissible, I ...


1

Does Bob have a right to be presented such evidence or obtain a copy before a pre-trial conference, without his lawyer's co-operation? Bob can't both be represented by a lawyer and represent himself at the same time. It's either one or the other. So, the answer is "no" while the lawyer is still his lawyer. If Bob wants the evidence, he has two ...


1

Let's start with: Bob's lawyer does not appear to be co-operating with Bob's wish to request the video. Bob's lawyer does not have latitude to "not cooperate" with Bob. Bob is the client, Bob's attorney is bound to treat him as such. If Bob is unhappy, he may retain a different counsel. If Bob is receiving defense through a Public Defender, he ...


1

It seems that the second interpretation is the correct one, the first one was from an old version of the law, it was changed in 2012 to the current text. (the previous text read "Intellectual property that is a trade secret as defined in section 44-401 and that is contained in:")


1

There have been claims of government watch lists, some substantiated and some not, for decades. There is a specific database that does exist, the Terrorist Screening Database, which feeds almost a dozen lists including the No Fly List, the Secondary Security Selection List, the Violent Gang and Terrorist Organization File, and so on. This database results ...


1

I believe they're public record throughout the United States, and available online for most of the United States. I don't know of any single, national repository for marriage records, so I'd recommend Googling around (e.g., "California marriage records" or "San Diego marriage records"). If you're looking for records from a jurisdiction (or time) that are ...


1

The state has a helpful page on making requests; fax, email, US mail and in person are all accepted. This page also gives a sample letter tunes for Pennsylvania. Whether or not the police will (are required / prohibited to) provide the requested information will be determined by the Agency Open Records Officer, given the circumstances. It is never improper ...


1

Ordinarily, you can get police reports from the relevant police department without making a formal FOIA request. The Co-Signer should contact the local police department and determine what information and process the need to provide the relevant police reports. The exact process varies considerably from department to department, because policing is mostly ...


1

The Open Government Act of 2007 should trump the Rules of Civil Procedure. But, from a practical perspective, even if you are right, it would take high stakes indeed to make it economic to litigate a one day dispute in the event that the agency incorrectly calculates the deadline. The remedy for failing to comply with FOIA is ordinarily to bring a lawsuit ...


1

A lawyer told me how to do this: FOIA for the monthly invoices for legal services, during a specified period of time. I have done so and am now in my waiting period. If it works I will accept my answer.


1

You can always ask government entities for information. If you believe that you have a statutory right to the information (e.g., pursuant to FOIA-like laws) then citing that statute and following its requirements for making the request improve your chances of getting a response. However, ultimately it's up to the agency whether, and how, it will respond to ...


1

If this is a government university in the US, the matter would be controlled by that state's public records law. An example is 42.56 RCW Public Records Act. Generally, you have to make available any public record. In the definitions, that includes any writing containing information relating to the conduct of government or the performance of any ...


1

Assuming you are talking about the US federal Freedom of Information Act, there is a category of "commercial use requests" mentioned in the statute at 5 USC 552 (a) (4) (A) (ii) (I): fees shall be limited to reasonable standard charges for document search, duplication, and review, when records are requested for commercial use For non-commercial use, you ...


1

The law is here, for your reading. It is not clear from the statute how they would treat metadata requests (a question about the nature of existing records). The basic requirement of the law is in §301 ff (a) Requirement. — A Commonwealth agency shall provide public records in accordance with this act. (b) Prohibition. — A Commonwealth agency may ...


1

They are saying that if the material would be privileged for discovery purposes in a court case, it does not have to be turned over as a public record. Suppose that a town is a party to a lawsuit. The city council members have regular meetings with their lawyers to confer on the lawsuit. Records are kept at such meetings. Such material is not discoverable ...


1

With a FOIA requuest, you don't ask a government official, you ask a government agency. A government agency isn't protected by the 5th amendment. In practice, the response to a request isn't provided by an agency, but by an employee of that agency. That employee should respond based on the knowledge of the agency. If the employee has any private knowledge, ...


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