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eBook details

• Title: Spinelli v. Goss
• Author : United States Court of Appeals for the District of Columbia Circuit.
• Release Date : January 05, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

The drafters of the Federal Rules of Civil Procedure believed Rule 45 was "so simple that it did not need any discussion" at the symposia they held to introduce the Rules in 1938. American Bar Association, Federal Rules of Civil Procedure, Proceedings of the [American Bar Association] Institute [on Federal Rules] at Washington, D.C. and of the Symposium at New York City 313 (Edward H. Hammond ed.) (1939). The dispute before us today, in which plaintiff Bashe Abdi Yousuf and others challenge the district courts denial of their motion to compel compliance with a subpoena served upon the U.S. Department of State under Rule 45, suggests the framers underestimated the creativity of the United States when faced with a subpoena duces tecum issued in a case to which it is not a party. That creativity notwithstanding, we hold the United States is a "person" within the meaning of Rule 45 -- as it has been held to be under every Rule thus far litigated. Hence, we reverse the judgment of the district court and remand the case for further proceedings.

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