Wednesday, April 07, 2004

Discovery Limits, aka Fishing and the Fish 

Crescat Sententia has an excerpt from Judge Posner's opinion in the Northwest Memorial Hospital v. John Ashcroft case having to do with the subpoena of medical records related to abortions. Judge Posner takes the "fishing expedition" description of discovery one step further, and points out that FRCP 45(c):

"allows the fish to object, and when they do so the fisherman has to come up with more than the government has been able to do in this case despite the excellence of its lawyers."

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Posted by Beth Henderson at 9:46 AM