In the Matter of Enforcement of a Subpoena

Docket NumberSJC-11117
Decision Date09 August 2012

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22 cases
  • Gabler v. Crime Victims Rights Bd.
    • United States
    • Wisconsin Supreme Court
    • June 27, 2017
    ... ... at 782, 348 N.W.2d 559. Checking legislative 897 N.W.2d 399 drift into the judicial domain, this court held that "[t]he setting and enforcement of time periods for judges to decide cases lies within an area of authority exclusively reposed in the judicial branch of government." Id. at 783, ... 193 (1904) ); see also State ex rel. Kaufman v. Zakaib , 207 W.Va. 662, 535 S.E.2d 727, 734-737 (2000) ; In re Enforcement of Subpoena , 463 Mass. 162, 972 N.E.2d 1022, 1027-34 (2012) (recognizing a judicial deliberative privilege to refuse to be a witness based on concerns for ... ...
  • Kosiorek v. Smigelski
    • United States
    • Connecticut Court of Appeals
    • October 23, 2012
    ... ... Enforcement of a Subpoena, 463 Mass. 162, 172-73, 972 N.E.2d 1022 (2012) ("[T]he need to protect judicial deliberations has been implicit in our view of the ... ...
  • In re Doretta
    • United States
    • Appeals Court of Massachusetts
    • August 30, 2022
    ... ... this, the parents and the children did not object to the statements previously challenged as hearsay or respond to the judge's offer to subpoena the social worker. Nonetheless, with the social worker unavailable, the judge redacted portions of the affidavits before admitting them as exhibits ... Had the parties sought this information, it would have been protected by the judicial deliberative privilege. See Matter of the Enforcement of a Subpoena , 463 Mass. 162, 169, 972 N.E.2d 1022 (2012), quoting Matter of Curry , 450 Mass. 503, 526, 880 N.E.2d 388 (2008) (" ‘the ... ...
  • Abuzahra v. City of Cambridge
    • United States
    • Appeals Court of Massachusetts
    • June 21, 2022
    ... ... has a right to every [person's] evidence" (quotation and citation omitted). Matter of the Enforcement of a Subpoena , 463 Mass. 162, 166, 972 N.E.2d 1022 (2012). When an appellate court does recognize a testimonial privilege, a power that is exercised ... ...
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1 books & journal articles
  • The Costs of Changing Our Minds
    • United States
    • Emory University School of Law Emory Law Journal No. 69-1, 2019
    • Invalid date
    ...thought processes are subject to scrutiny); Thomas v. Page, 837 N.E.2d 483, 490-91 (Ill. Ct. App. 2005); In re Enforcement of Subpoena, 972 N.E.2d 1022, 1026 (Mass. 2012); In re Cohen's Estate, 174 N.Y.S. 427, 428-29 (Sup. Ct. 1919); Leber v. Stretton, 928 A.2d 262, 270 (Pa. Super. Ct. 2007......