CONSTITUTIONAL LIMITATIONS ON THE PRODUCTION OF DOCUMENTARY MATERIAL IN CIVIL CASES

• NCJ Number: 42602
• Author(s): W P COLCLOUGH
• Date Published: 1977
• Length: 35 pages
• Sponsoring Agency: US Dept of Justice
• Sale Source: National Assoc of Attorneys General
• Language: English
• Country: United States of America

Annotation

THIS REPORT DISCUSSES CASE LAW WHICH HAS DEVELOPED CONCERNING THE CONSTITUTIONAL PROTECTIONS OF THE FOURTH AND FIFTH AMENDMENTS AS THEY RELATE TO THE CHALLENGES WHICH MAY BE RAISED TO STATE CIVIL ENFORCEMENT ACTIONS.

Abstract

PRIMARY EMPHASIS OF THIS DOCUMENT IS ON DEFENDANTS' OBJECTIONS TO THE PRODUCTION OF DOCUMENTARY MATERIALS (E.G. BUSINESS RECORDS) WHERE SUCH OBJECTIONS ARE BASED ON CONSTITUTIONAL GROUNDS. AMONG THE SPECIFIC TOPICS DISCUSSED IN THIS REPORT ARE THE ASSERTION OF THE FIFTH AMENDMENT PRIVILEGE AGAINST SELF-INCRIMINATION IN RESPONSE TO A SUBPOENA TO COMPEL THE PRODUCTION OF INCRIMINATING BUSINESS DOCUMENTS, THE COMPELLED PRODUCTION OF BOOKS AND RECORDS OF NONCORPORATE ORGANIZATIONS, AND THE REQUIRED RECORDS DOCTRINE. ALSO DISCUSSED ARE CONCERNS RELATING TO THE FOURTH AMENDMENT PROHIBITIONS AGAINST UNREASONABLE SEARCHES AND SEIZURES WHICH MAY BE ASSERTED IN THE FORM OF AN OBJECTION TO A PRE-COMPLAINT DEMAND FOR INFORMATION IN THE FORM OF A CIVIL INVESTIGATIVE DEMAND REQUESTING THE PRODUCTION OF BUSINESS-RELATED DOCUMENTS. (AUTHOR ABSTRACT MODIFIED) ...DMC