6th Cir.

F. Privacy


6th Cir.

2. Stays pending appeal

A stay may be sought even before a notice of appeal is filed. David G. Knibb, Federal Court of Appeals Manual § 18.2 (2d ed. 1990). The district court, however, does not lose jurisdiction to grant a stay after the appeal is taken. Id. If the district court fails to act within a reasonable time, the appellant may apply to the court of appeals for a stay pending appeal. Id.

d. Photo journalist

The Sixth Circuit denied First Amendment protection to a television journalist whose videotape outtakes showed the likeness of a murder suspect. In re Grand Jury Proceedings, 810 F.2d 580 (6th Cir. 1987). The reason for denying the journalist protection was not based on his status as , in essence, a photojournalist.

b. Motion to compel

Where a subpoena commands a person to produce documents for inspection or copying, the subpoenaed person may object to it. The objection must be in writing, and delivered to the person or attorney designated in the subpoena as being responsible for issuing it. The objection must be made within 14 days after receiving the subpoena. However, if the subpoena gives fewer than 14 days for compliance, then at any time before the time set by the subpoena for compliance. Fed. R. Civ. P. 45(c)(2)(B).

b. What proof of search does subpoenaing party need to make?

The federal courts in the Sixth Circuit have not stated what the subpoenaing party must do to demonstrate that it has already conducted an unsuccessful search for the subpoenaed information before subpoenaing the press.