6th Cir.

B. Broadcast materials

Where the subpoenaing party seeks only confirmation that a videotape or audiotape accurately depicts a broadcast, any qualified administrative person should be able to substitute for a subpoenaed journalist; although substitution should be worked out in advance.

B. Probate

Overview

6th Cir.

4. Standard of review

Because the predominant issue in reporter's privilege situations will be pure issues of constitutional law, or issues of whether the subpoenaing party has adduced sufficient evidence to satisfy constitutional requirements, the Sixth Circuit is unlikely to defer at all to a district court's order that a journalist disclose a confidential source or other unpublished work product. The Sixth Circuit is likely to review such orders de novo (without deference). However, the Sixth Circuit has not explicitly addressed its standard for review in that context.

2. Criminal

In civil contexts, federal courts within the Sixth Circuit have applied the First Amendment to bar compelled disclosure of a newspaper's confidential sources. Southwell v. Southern Poverty Law Ctr, 949 F. Supp. 1303 (W.D. Mich. 1996); NLRB v. Midland Daily News, 151 F.3d 472 (6th Cir. 1998).

2. Others, including non-traditional news gatherers

Federal courts within the Sixth Circuit have barred compelled disclosure of the identities of confidential sources of a nonprofit organization's newsletter, a freelance author, and a newspaper's advertising dept. Southwell v. Southern Poverty Law Ctr, 949 F. Supp. 1303 (W.D. Mich. 1996); Schultz v. Reader's Digest Ass'n, 468 F. Supp. 551 (E.D. Mich. 1979); NLRB v. Midland Daily News, 151 F.3d 472 (6th Cir. 1998).

B. Arrest records

Overview

6th Cir.

d. Language

A motion to quash a subpoena issued under the authority of a federal court should show the name of the court to which the motion is directed, the name of the case, the case no. assigned to the case, and a title for the motion. For example:

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO


Parson Brown, Plaintiff,


v.


Barn Door Co., Defendant.


Case No. CV 007 Motion of nonparty Paul Utzer to quash subpoena

A. In general

Overview

6th Cir.