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2. Criminal contempt

No federal courts in the Sixth Circuit have imposed criminal contempt upon journalists who refused to comply with subpoenas. In general, a defiant flouting of a court order in the presence of the court may lead to criminal contempt.

C. Third-party subpoenas

There is no statutory or case law addressing this issue.

H. Media as a party

Where a libel plaintiff seeking to prove that the defendant reporter published the alleged libel while entertaining serious doubts as to its truth (constitutional actual malice), federal courts within the Sixth Circuit have granted summary judgment to the reporter, while refusing the plaintiff's demand that the reporter reveal the identity of a confidential source. Schultz v. Reader's Digest Ass'n, 468 F. Supp. 551 (E.D. Mich. 1979); Southwell v. Southern Poverty Law Ctr., 949 F. Supp. 1303 (W.D. Mich. 1996).

3. Filing of affidavit

The subpoenaing party need not make any sworn statement for a subpoena to issue.

H. Post-trial records

Overview

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5. Briefing schedule

Typically the movant files a motion to quash the subpoena and the person issuing the subpoena has ten days to oppose the motion.

H. Post-trial records

Overview

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