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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.
A subpoena duces tecum (pronounced in English / s ə ˈ p iː n ə ˌ dj uː s iː z ˈ t iː k ə m / sə-PEE-nə DEW-seez TEE-kəm), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial. In some jurisdictions ...
In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
Circuit courts are the trial courts with the broadest powers in Michigan. [1] [2] In Michigan, circuit courts handle all felony criminal cases that could result in confinement to prison. [1] [2] They also deal with all civil cases for claims in excess of $25,000.00. [1] [2] There are 57 circuit courts in the state of Michigan.
The United States District Court for the Eastern District of Michigan (in case citations, E.D. Mich.) is the federal district court with jurisdiction over the eastern half of the Lower Peninsula of the State of Michigan. The Court is based in Detroit, with courthouses also located in Ann Arbor, Bay City, Flint, and Port Huron. The United States ...
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Although the judges are elected in districts, they sit as one statewide court. [1] Cases are heard by panels of 3 judges, similarly to the U.S. Courts of Appeals. Like most appellate courts, the Court of Appeals observes the principle of stare decisis, where a court's reasoning in its past precedents binds its present decisions. When a panel of ...
These orders may affirm or reverse the Michigan Court of Appeals, may remand a case to the trial court, or may adopt a correct Court of Appeals opinion. Cases come before the Court during a term that starts August 1 and runs through July 31 of the following year. The Court hears oral arguments in Lansing beginning in October of each term.
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