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The Fifth Amendment’s Act of Production Doctrine: An ...

    https://fedsoc.org/commentary/publications/the-fifth-amendment-s-act-of-production-doctrine-an-overlooked-shield-against-grand-jury-subpoenas-duces-tecum
    Jan 03, 2019 · See Braswell, 487 U.S. at 118 n.11 (1988) (leaving open the question of whether the agency rationale supports compelling a custodian to produce documents where the custodian establishes that he is the sole officer and employee of the entity and the jury would inevitably conclude he produced the records).

Randy BRASWELL, Petitioner v. UNITED STATES. Supreme ...

    https://www.law.cornell.edu/supremecourt/text/487/99
    Hale, a corporate officer, had been served with a subpoena ordering him to produce corporate records and to testify concerning certain corporate transactions. Although Hale was protected by personal immunity, he sought to resist the demand for the records by interposing a Fifth Amendment privilege on behalf of the corporation. The Court ...

Corporate record in employee possession

    https://brainmass.com/law/history-and-philosophy-of-law/corporate-record-in-employee-possession-149453
    Mar 04, 2021 · Corporate employees can be compelled to produce corporate records in a criminal proceeding because they hold the records as representatives of the corporation to which the Fifth Amendment privilege against self-incrimination does not apply.

BRASWELL v. UNITED STATES FindLaw

    https://caselaw.findlaw.com/us-supreme-court/487/99.html
    In distinguishing those cases in which a corporate officer was required to produce corporate records and merely identify them by oral testimony, the Court showed that it understood the testimonial nature of the act of production: "The custodian's act of producing books or records in response to a subpoena duces tecum is itself a representation that the documents produced are those demanded by the …

Finding What Was Lost: Sorting Out the Custodianâ•Žs ...

    http://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1470&context=nlr
    summons to produce tax records can be compelled to testify before the Internal Revenue Service "for the limited purpose of identifying the records sought by the IRS"); United States v. Medlin, 986 F.2d 463, 468 (11th Cir. 1993) (custodian of corporate records "will be called on merely to identify and authenticate the docu-

Article 4. Production Of Business Records :: Evidence Code ...

    https://law.justia.com/codes/california/2010/evid/1560-1567.html
    (6) Where the records are delivered to the attorney, the attorney' s representative, or the deposition officer for inspection or photocopying at the witness' place of business, the only fee for complying with the subpoena shall not exceed fifteen dollars ($15), plus the actual cost, if any, charged to the witness by a third person for retrieval ...

Frequently Asked Questions - Subpoena FAQs Office of the ...

    https://chancellor.berkeley.edu/about/offices/legal-affairs/FAQs
    Yes. There are special rules that apply when these kinds of records are subpoenaed which requires the party issuing the subpoena to notify the individual (or his/her/its attorney) whose records are sought before the records can be disclosed.

The Use of Compelled Statements in Subsequent Criminal ...

    https://poracldf.org/news/detail/640
    Jun 01, 2019 · Therefore, if an officer may be charged with a criminal offense, the department must advise the officer of, and therefore grant, use and derivative use immunity prior to compelling the officer to provide an administrative statement. Can a Compelled Administrative Statement Be Used to Impeach at a Subsequent Criminal Trial? In New Jersey v.

Can a Party be Compelled to Create Documents? – Compelling ...

    https://www.compellingdiscovery.com/?p=3261
    Mar 09, 2015 · Thus, Plaintiff can make a list of the individuals that have handled Plaintiff’s underinsured motorist claim on his own.” (citations omitted). Someone is now thinking Fadem supports the position that no medical records authorizations may be compelled. I disagree.

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