Friday, August 26, 2011

Ninth Circuit -- SEC V. HAROLD GEWERTER

Under FRCP (45), a motion to quash a subpoena must be presented to the court that issued the subpoena.

Attorney attempts to quash SEC third-party subpoena seeking his client banking records.

Jurisdiction, as third party has no incentive to contest, so no need to wait for noncompliance. 

SEC V. HAROLD GEWERTER
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.