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A subpoena duce tecum served pursuant to Bankruptcy Rule 2004 is not a violation of accountant-client privilege. 11 United States Code section 107 (a) provides that papers filed in cases under the Bankruptcy Code and dockets of the Bankruptcy Courts are public records and are to be open to examination at reasonable times without charge. [48]
At the meeting, Christina Bobb, the Custodian of Records for purposes of the subpoena, gave a signed letter to the Justice Department certifying that a diligent search had been conducted and all documents responsive to the subpoena were being turned over. [42]
In an effort to comply with the law and address this dilemma, the Michigan State Supreme Court in March 2023 proposed a rule effectively sealing district court records once a case is bound over to ...
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.
Herschel Fink, general counsel for the Detroit Free Press, said the rule appears to violate case law from the U.S. Supreme Court and Michigan courts that says court records are open to the public.
A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal. [1] [2] [3] A court clerk or a court reporter takes down a record of oral proceedings. [4]
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A federal judge Tuesday unsealed additional portions of an FBI affidavit laying out the basis for a search of former President Donald Trump's Florida home, showing that agents earlier obtained a ...
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