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Delivery of the subpoena duces tecum for production of documents may be done in person, or by certified letter. Receipt of the letter is considered proof of service. [55] Power to issue subpoenas is extended to Robinson–Patman Act cases of price-fixing and Clayton Act cases of unlawful acquisition. [56] A Federal District Court lacks ...
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Usually considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to formerly enslaved Americans following the American Civil War.
The U.S. Supreme Court interprets these clauses to guarantee a variety of protections: procedural due process (in civil and criminal proceedings); substantive due process (a guarantee of some fundamental rights); a prohibition against vague laws; incorporation of the Bill of Rights to state governments; and equal protection under the laws of ...
Notes prepared by law enforcement agents of an interview with a potential government witness may be subject to production under the Jencks Act, provided the witness testifies at the trial. Some government practices have led to the destruction of such notes prior to any trial. This is not, of itself, considered to be bad faith. [100] [101]
A person liable as a surety for another under a guarantee possesses rights against the person to whom the guarantee was given. As regards the surety's rights against the principal debtor, where the guarantee was made with the debtors consent but not otherwise, [ 69 ] after he has made default, be compelled by the surety to exonerate him from ...
In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials.
The court reporter, who is an officer of the court, administers the oath to the deponent. The person to be deposed (questioned) at a deposition, known as the deponent, is usually notified to appear at the appropriate time and place by means of a subpoena. Frequently, the most desired witness (the deponent) is an opposite party to the action.
As stated in Brewer v.Williams, 430 U.S. 387 (1977), the right to counsel "means at least that a person is entitled to the help of a lawyer at or after the time that judicial proceedings have been initiated against him, 'whether by way of formal charge, preliminary hearing, indictment, information, or arraignment. ' " [2] Brewer goes on to conclude that once adversarial proceedings have begun ...