Opinion

In Re Motion to Quash Bar Counsel Subpoena

  • 982 A.2d 330
  • 2009 ME 104
  • 2009 Me. LEXIS 107
  • 2009 WL 3430231
Court
Supreme Judicial Court of Maine
Filed
Oct 27, 2009
Status
Published
Author
Alexander
On the bench
Clifford, Alexander, Levy, Mead, Gorman
Cited by
6 cases

reviewing court examines the trial justice's ruling to ensure that the correct legal test was applied, and that the evidence supports the determination of a privilege's applicability

How later courts described this case

  • reviewing court examines the trial justice's ruling to ensure that the correct legal test was applied, and that the evidence supports the determination of a privilege's applicability

Written by the judges who cited it.

The opinion

ALEXANDER, J.,

dissenting.

[¶ 23] I respectfully dissent. At this preliminary stage of the proceeding, Bar Counsel may seek information that “appears reasonably calculated to lead to the discovery of admissible evidence.” See M.R. Civ. P. 26(b)(1). The opposition to the subpoena did not demonstrate without doubt that compliance with the subpoena could not lead to the discovery of admissible evidence. Accordingly, the Single Justice appropriately denied the motion to quash. Furthermore, the single justice appropriately made only limited findings, because the evidence is yet to be developed, and detailed findings might suggest prejudgment of issues that are not yet ready for fact-finding.

*339 [¶24] I would affirm the decision of the Single Justice, and I would not comment about facts and inferences from facts before discovery is completed and the facts can be addressed in an appropriate forum.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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