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> It's not like the subpoena is a new and novel legal instrument. Subpoenas are intended to recover specific pieces of evidence to prove guilt in a trial. They
by marcell 13y ago
> It's not like the subpoena is a new and novel legal instrument.
Subpoenas are intended to recover specific pieces of evidence to prove guilt in a trial. They are not meant for blanket vacuuming of data, or for discovery.
- anigbrowl 13y agoNot true. Discovery subpoenas are well-established legal instruments; the term 'subpoena' just means 'under penalty,' in other words it carries the authority of the court or issuing agency to impose punishment for non-compliance with the terms. See for example http://www.weil.com/files/Publication/9f7ab3cd-f7d4-4eb5-b985-bd5f6355c083/Presentation/PublicationAttachment/67e071b0-19f5-4b05-b59e-85ea7da70bbb/Federal%20Practice%20Using%20Subpoenas%20to%20Obtain%20Evidence%20(0-503-1893).pdf http://www.weil.com/files/Publication/9f7ab3cd-f7d4-4eb5-b98... The term 'discovery' has a specific legal meaning, and I'm not sure if that was what you actually meant.
- rayiner 13y agoSubpoenas are a basic tool of discovery, a very broad instrument for collecting relevant information. See: http://en.wikipedia.org/wiki/Subpoena_duces_tecum http://en.wikipedia.org/wiki/Subpoena_duces_tecum