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Subpoena Duces Tecum
A ''subpoena duces tecum'' (pronounced in English ), 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, it can also be issued by legislative bodies such as county boards of supervisors. The summons is known by various names in different jurisdictions. The term ''subpoena duces tecum'' is used in the United States, as well as some other common law jurisdictions such as South Africa and Canada. The summons is called a "subpoena for production of evidence" in some U.S. states that have sought to reduce the use of non-English words and phrases in court terminology. The ''subpoena duces tecum'' is similar to the '' subpoena ad testificandum'', which is a writ summoning a witness to testify orally. However, unlike the latter summons, the ''subpoena duces tecum'' instructs the witness to bring in hand books, papers, or evidence ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summons
A summons (also known in England and Wales as a claim form and in the Australian state of New South Wales as a court attendance notice (CAN)) is a legal document issued by a court (a ''judicial summons'') or by an administrative agency of government (an ''administrative summons'') for various purposes. Judicial summons A judicial summons is served on a person involved in a legal proceeding. Legal action may be in progress against the person, or the person's presence as witness may be required. In the former case, the summons will typically announce to the person to whom it is directed that a legal proceeding has been started against that person, and that a case has been initiated in the issuing court. In some jurisdictions, it may be drafted in legal English difficult for the layman to understand, while several U.S. states expressly require summonses to be drafted in plain English and that they must start with this phrase: "Notice! You have been sued." The summons announces a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Continuance
In American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge ''sua sponte''. In response to delays in bringing cases to trial, some states have adopted "fast-track" rules that sharply limit the ability of judges to grant continuances. However, a motion for continuance may be granted when necessitated by unforeseeable events, or for other reasonable cause articulated by the movant (the person seeking the continuance), especially when the court deems it necessary and prudent in the "interest of justice." Criminal cases In general Although a continuance is the result of a court order issued by the judge in a trial or hearing, it also can come from a statute or law. The terms continuance and postponement are frequently used interchangeably. The burden of scheduling trials, which includes assembling witnesses, lawyers and jurors at the same time, is not usua ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inspection Of Documents
In pre-trial discovery, parties may have the right to inspect documents that are relevant to the case. In civil cases, the concept of "documents" has been interpreted broadly, and it generally includes any item that contains descriptive information, including electronic records. History Traditionally, in the English common law system, parties who filed lawsuits that requested legal remedies could file a request in the Court of Chancery to inspect of documents in the possession of an opposing party, as long as the documents "tended to prove 'the case' at law of the party filing the equest" If the documents were not privileged, the court would order the opposing party to provide the requested documents to a clerk in the Court of Chancery so that duplicates could be made. These documents could then later be used as evidence at trial. Procedures In many jurisdictions, parties who wish to inspect documents must deliver a formal request for inspection to the parties that possess those ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Physician–patient Privilege
Physician–patient privilege is a legal concept, related to medical confidentiality, that protects communications between a patient and their doctor from being used against the patient in court. It is a part of the rules of evidence in many common law jurisdictions. Almost every jurisdiction that recognizes physician–patient privilege not to testify in court, either by statute or through case law, limits the privilege to knowledge acquired during the course of providing medical services. In some jurisdictions, conversations between a patient and physician may be privileged in both criminal and civil courts. Scope The privilege may cover the situation where a patient confesses to a psychiatrist that they committed a particular crime. It may also cover normal inquiries regarding matters such as injuries that may result in civil action. For example, any defendant that the patient may be suing at the time cannot ask the doctor if the patient ever expressed the belief that their con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney–client Privilege
Attorney–client privilege or lawyer–client privilege is the name given to the common law concept of legal professional privilege in the United States. Attorney–client privilege is " client's right to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and the attorney." The attorney–client privilege is one of the oldest privileges for confidential communications. The United States Supreme Court has stated that by assuring confidentiality, the privilege encourages clients to make "full and frank" disclosures to their attorneys, who are then better able to provide candid advice and effective representation. General requirements under United States law Although there are minor variations, the elements necessary to establish the attorney–client privilege generally are: # The asserted holder of the privilege is (or sought to become) a client; and # The person to whom the communication was made: ## is a member ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Perjury
Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an instance of a person’s deliberately making material false or misleading statements while under oath. – Also termed false swearing; false oath; (archaically forswearing." Like most other crimes in the common law system, to be convicted of perjury one must have had the ''intention'' (''mens rea'') to commit the act and to have ''actually committed'' the act (''actus reus''). Further, statements that ''are facts'' cannot be considered perjury, even if they might arguably constitute an omission, and it is not perjury to lie about matters that are immaterial to the legal proceeding. Statements that entail an ''interpretation'' of fact are not perjury because people often draw inaccurate conclusions unwittingly or make honest mistakes without ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interrogatories
In law, interrogatories (also known as requests for further information) are a formal set of written questions propounded by one litigant and required to be answered by an adversary in order to clarify matters of fact and help to determine in advance what facts will be presented at any trial in the case. Use Interrogatories are used to gain information from the other party relevant to the issues in a lawsuit. The law and issues will differ depending upon the facts of a case and the laws of the jurisdiction in which a lawsuit is filed. For some types of cases there are standard sets of interrogatories available that cover the essential facts, and may be modified for the case in which they are used. When a lawsuit is filed, the pleadings filed by the parties are intended to let the other parties know what each side intends to prove at trial, and what legal case they have to answer. However, in most cases, the parties will require additional information to fully understand each oth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Federal Court
The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primarily of the U.S. Supreme Court, the U.S. Courts of Appeals, and the U.S. District Courts. It also includes a variety of other lesser federal tribunals. Article III of the Constitution requires the establishment of a Supreme Court and permits the Congress to create other federal courts and place limitations on their jurisdiction. Article III states that federal judges are appointed by the president with the consent of the Senate to serve until they resign, are impeached and convicted, or die. Courts All federal courts can be readily identified by the words "United States" (abbreviated to "U.S.") in their official names; no state court may include this designation as part of its name. The federal courts are generally divided betwe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Writ Of Attachment
A writ of attachment is a court order to " attach" or seize an asset. It is issued by a court to a law enforcement officer or sheriff. The writ of attachment is issued in order to satisfy a judgment issued by the court. A prejudgment writ of attachment may be ordered in a legal action where a plaintiff has demonstrated meritorious allegations, fraud in the underlying action, or that defendant may attempt to dispose of or hide assets from the court. In this context, a prejudgment writ of attachment functions much like a temporary restraining order (TRO), which preserves the status quo pending a final resolution of the dispute. However, unlike a TRO, a prejudgment writ of attachment provides a source of financial recovery for a plaintiff. Usually, a plaintiff seeking a prejudgment writ of attachment must post a surety bond of up to two times the amount of the damages claimed by the plaintiff. Common grounds for obtaining a prejudgment writ of attachment are that a defendant has ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mandamus
(; ) is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to take a specific action on applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications. Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by legal rights. In the American legal system it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mistrial (law)
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Types by finder of fact Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court, and do not permit the introduction of new evidence. Types by dispute Trials can also be divided by the type of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
