Articles

Maley: Third-party subpoenas: Advance service compliance

Federal practitioners regularly issue and respond to third-party subpoenas for documents. Expansive revisions to Rule 45 of the Federal Rules of Civil Procedure were made in 2013, but many subpoenas are still issued that do not comply. One of the most common issues is failing to serve parties with the third-party subpoena prior to (or even after) service on the third party.

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7th Circuit denies appeal for habeas corpus relief

In a case presenting a “rare circumstance” that “few if any other federal prisoners face,” the 7th Circuit Court of Appeals affirmed the U.S. District Court for the Southern District of Indiana did not err in denying habeas corpus relief to an Indiana man on Friday. The 7th Circuit did acknowledge, however, the appellant’s argument that his counsel was ineffective by not challenging whether his drug convictions were predicates would succeed today.

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