Tweet
Judge Orders Taitz To Stop Seeking Legal Advice From Court: Congress Rejects Subpoenas
Birther Report
3/20/2013
Excerpt:
Grinols v Electoral College: Judge England Orders Taitz To Stop Seeking Legal Advice From Court; Congress Rejects Subpoenas
( Hat tip Cold Case Posse Supporter @ Free Republic )
Plaintiffs’ counsel has called and e-mailed chambers staff several times seeking legal advice or to ask questions about how to proceed with their suit. This communication is inappropriate. The Court directs Plaintiffs’ counsel to both the Federal Rules of Civil Procedure and the Eastern District of California’s Local Rules. Both sets of rules explain how parties should interact with the Court and how to litigate their lawsuit. Both sets of rules are available online. In the future, Plaintiffs’ counsel should consult both the Federal Rules of Civil Procedure and the Eastern District’s Local Rules before proceeding. Local Rules 200 – 305 apply to civil cases, like the one at hand. Local Rule 230 specifically deals with civil motions. In the future, Plaintiffs must comply with this rule.
If Plaintiffs’ counsel wants to request something from the Court, she must file a noticed motion, which means she must file “a notice of motion, motion, accompanying briefs, affidavits, if appropriate, and copies of all documentary evidence that the moving party intends to submit in support of the motion.” E.D. Cal. Local R. 230(b). [...] - Continued below...
Grinols v Electoral College - Deputy General Counsel of the US Congress Answer To Subpoenas - 3/15/2013:
The subpoenas to the Members are invalid for at least the following reasons:
The subpoenas purport to require answers to certain interrogatories, but that is not a proper function of a subpoena. See Fed. R. Civ. P. 45(a)(l)(e)(iii) ("Every subpoena must: . . . command each person to whom it is directed to do the following at a specified time and place: attend and testify; produce designated documents, electronically stored information, or tangible things in that person's possession, custody, or control; or permit the inspection of premises . . . ." (emphasis added)).
The subpoenas each were issued from the United States District Court for the Eastern District of California yet improperly purport to require production of interrogatory responses to an address within a different district. See Fed. R. Civ. P. a5@)(2)(C) ("A subpoena must issue as follows: . . . for production . . ., if separate from a subpoena commanding a person's attendance, from the court for the district where the production . . . is to be made."); see also Fed. R. Civ. P. 45(e) ("A nonparty's failure to obey must be excused if the subpoena purports to require the nonparty to . . . produce at a place outside the limits of Rule 45(c)(3)(A)(ii) [a circumstance that pertains to many, if not all, of the Members]." (emphasis added)). [...] - Continued below...
FULL ORDER CONTINUED BELOW OR HERE: http://www.scribd.com/doc/131489946
FULL ANSWER CONTINUED BELOW OR HERE: http://www.scribd.com/doc/131491698
View the complete Birther Report presentation at:
http://obamareleaseyourrecords.blogs...p-seeking.html
Birther Report
3/20/2013
Excerpt:
Grinols v Electoral College: Judge England Orders Taitz To Stop Seeking Legal Advice From Court; Congress Rejects Subpoenas
( Hat tip Cold Case Posse Supporter @ Free Republic )
Plaintiffs’ counsel has called and e-mailed chambers staff several times seeking legal advice or to ask questions about how to proceed with their suit. This communication is inappropriate. The Court directs Plaintiffs’ counsel to both the Federal Rules of Civil Procedure and the Eastern District of California’s Local Rules. Both sets of rules explain how parties should interact with the Court and how to litigate their lawsuit. Both sets of rules are available online. In the future, Plaintiffs’ counsel should consult both the Federal Rules of Civil Procedure and the Eastern District’s Local Rules before proceeding. Local Rules 200 – 305 apply to civil cases, like the one at hand. Local Rule 230 specifically deals with civil motions. In the future, Plaintiffs must comply with this rule.
If Plaintiffs’ counsel wants to request something from the Court, she must file a noticed motion, which means she must file “a notice of motion, motion, accompanying briefs, affidavits, if appropriate, and copies of all documentary evidence that the moving party intends to submit in support of the motion.” E.D. Cal. Local R. 230(b). [...] - Continued below...
Grinols v Electoral College - Deputy General Counsel of the US Congress Answer To Subpoenas - 3/15/2013:
The subpoenas to the Members are invalid for at least the following reasons:
The subpoenas purport to require answers to certain interrogatories, but that is not a proper function of a subpoena. See Fed. R. Civ. P. 45(a)(l)(e)(iii) ("Every subpoena must: . . . command each person to whom it is directed to do the following at a specified time and place: attend and testify; produce designated documents, electronically stored information, or tangible things in that person's possession, custody, or control; or permit the inspection of premises . . . ." (emphasis added)).
The subpoenas each were issued from the United States District Court for the Eastern District of California yet improperly purport to require production of interrogatory responses to an address within a different district. See Fed. R. Civ. P. a5@)(2)(C) ("A subpoena must issue as follows: . . . for production . . ., if separate from a subpoena commanding a person's attendance, from the court for the district where the production . . . is to be made."); see also Fed. R. Civ. P. 45(e) ("A nonparty's failure to obey must be excused if the subpoena purports to require the nonparty to . . . produce at a place outside the limits of Rule 45(c)(3)(A)(ii) [a circumstance that pertains to many, if not all, of the Members]." (emphasis added)). [...] - Continued below...
FULL ORDER CONTINUED BELOW OR HERE: http://www.scribd.com/doc/131489946
FULL ANSWER CONTINUED BELOW OR HERE: http://www.scribd.com/doc/131491698
View the complete Birther Report presentation at:
http://obamareleaseyourrecords.blogs...p-seeking.html
Comment