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The Judicial Council of California is the rule-making arm of the California court system. [1] In accordance with the California Constitution and under the leadership of the Chief Justice of the Supreme Court of California, the council is responsible for "ensuring the consistent, independent, impartial, and accessible administration of justice."
The writ subpoena became the standard method of compelling witnesses. Following the Fourth Lateran Council held in 1215 (overseen by Pope Innocent III who was at the zenith of Papal power), and based on a Latin interpretation of natural moral law, all forms of trial by ordeal or trial by battle were outlawed in Church courts. Of greater ...
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 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.
This evidence may be to answer questions relevant to the determination of an issue of fact, or for disclosure of documents. [ 3 ] Courts usually have the power to subpoena witnesses only from within the jurisdiction of their own legislature unless they are aided by foreign judicial, or sometimes legislative, authority.
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.
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