On 4/28/11 12:03 PM, M.R. wrote:
> However, it is not in the criminal but in the civil litigation that
> the courts can (and nowadays increasingly do) issue Subpoena Duces
> Tecum ("production of evidence") for plain-text of one of the
> litigant's communications.This is at odds with my understanding of the Rules of Civil Procedure and the Constitution. Could I please get a cite to a case which establishes this as being correct? To my understanding of United States law, a subpoena can always be refused on Fifth Amendment grounds. If you have a reasonable fear that divulging a document in a civil suit will expose you to criminal charges, you *always* have the right to refuse on the grounds of self-incrimination, and that refusal may not be used against you in any way. IANAL: my only credential here is growing up around a federal judge who heard an awful lot of subpoenas and challenges to them. _______________________________________________ Gnupg-users mailing list Gnupg-users@gnupg.org http://lists.gnupg.org/mailman/listinfo/gnupg-users
