United States Securities & Exchange Commission v. Hyatt

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that Rule 45 suggests “at a minimum that contempt motions for noncompliance with a discovery subpoena should be entertained with special attention to the procedural and substantive rights of the nonparty witness”
• noting that Rule 45’s contempt provision “implies that all discovery subpoenas are contempt-sanctionable orders of the court whether issued in blank by the clerk or by an attorney as an officer of the court”
• noting a district court may treat a show- cause motion as a motion on the merits of contempt “when it would not violate the alleged contemnor’s right to notice and an opportunity to be heard”
• “[W]e reject BCI’s argument that a subpoena issued ... by an attorney as an officer of the court is not itself a court order....”
• “defiance of a subpoena is nevertheless an act in defiance of a court order and exposes the defiant witness to contempt sanctions.”
• “. . . the rule requires an intervening court order if the recipient of the subpoena objects in writing to the production of documents or things.”

Source: CourtListener parenthetical corpus (CC0).