6th Cir.

b. Disclosure of non-confidential source's name

There is no statutory or case law addressing this issue.

1. Interlocutory appeals

Fed. R. Civ. P. 74(a) provides that, within a certain time frame, a party may file an appeal of the magistrate judge's decision. 12 Charles Alan Wright & Arthur R. Miller, Federal Practice And Procedure § 3074, 426 (2d ed. 1997). Generally, the reporter should file a notice of a appeal within 30 days of judgment from a magistrate judge's decision. Id. If, however, the United States or an officer or agency of the United States is a party, the notice of appeal may be filed within 60 days of the magistrate judge's entry of judgment.

II. Authority for and source of the right

Courts recognizing the privilege derive it from the First Amendment. However, the most recent Court of Appeals case discussed the privilege in terms of the commercial speech doctrine, rather than the traditional First Amendment analysis based on the U.S. Supreme Court case, Branzburg v. Hayes. See NLRB v. Midland Daily News, 151 F.3d 472 (6th Cir. 1998). The 6th Circuit Court of Appeals has rejected the theory that a privilege exists under the First Amendment for criminal cases, but this language has been dismissed as dictum in later district court cases.

D. Still cameras

Overview

6th Cir.

1. Contact other party first

When attempting to avoid compliance with a subpoena, it is good practice to converse with the attorney responsible for issuing it to see if you can negotiate a limitation on the subpoena or be relieved of having to comply with the subpoena altogether.