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In New South Wales, a court may set aside the whole, or part, of a subpoena on the basis that it is a "fishing expedition".In Lowery v Insurance Australia Ltd, the NSW Court of Appeal held that where documents requested in the schedule of a subpoena are deemed to have no relevance to the proceedings in dispute, the subpoena may be set aside as it has no legitimate forensic purpose.
The government has the right to deny access to the documents. This may be due to the sensitive nature of the documents, or because they are classified. If a remedy is granted, there is a mistrial and dismissal of criminal charges. [7] [8] An accused criminal has no right to subpoena the work product of the prosecution in a criminal case. [9]
An administrative subpoena under U.S. law is a subpoena issued by a federal agency without prior judicial oversight. Critics say that administrative subpoena authority is a violation of the Fourth Amendment to the United States Constitution , while proponents say that it provides a valuable investigative tool.
In the United States, any person, including a private investigator, criminal research or background check company, may go to a county courthouse and search an index of criminal records by name and date of birth or have a county clerk search for records on an individual. Such a search may produce information about criminal and non-criminal ...
House Republicans issued a subpoena Tuesday to a senior federal prosecutor involved in the criminal investigation into Hunter Biden, demanding answers for what they allege is Justice Department ...
The subpoena is a process in the name of the court or a judge, carrying with it a command dignified by the sanction of the law. [33] A subpoena has been called a mandate lawfully issued under the seal of the court by a clerk thereof. [34] In general, the norm is to have the clerk of the court issue the subpoena for an upcoming trial in that ...
The subpoena comes after Republican Senator Chuck Grassley’s office was made aware of the FBI-generated whistleblower form. The FD-1023 form allegedly outlines a scheme involving the exchange of ...
In May, Trump was convicted of 34 counts of falsifying business records after a jury found he disguised reimbursements for a hush money payment to porn star Stormy Daniels ahead of the 2016 election.
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