Notice Requirements Help Journalists Facing Abusive Subpoenas.
Mondaq Business Briefing › Nbr. 2002, June 2002
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Notice Requirements Help Journalists Facing Abusive Subpoenas.
Co-written by Thomas R. Burke
Prompted by media attention to a rash of subpoenas issued to California journalists, the California legislature has enacted new procedural safeguards, including a minimum of five days' notice before a journalist may be required to testify, that enhance the rights provided under California's Shield Law. 1 California Code of Civil Procedure Section 1986.1 represents a direct and straightforward legislative response, which could serve as a model for other states, to the increasingly prevalent practice of serving subpoenas on journalists without sufficient time for them to meet with legal counsel. In a number of cases, this practice had threatened to undermine the rights journalists have under the Shield Law to refuse to testify except under limited circumstances. Stopping An Unfortunate Trend Against Reporter...See the full content of this document
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