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2006 SESSION

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HB 888 Subpoenas; those for witnesses or documents to be authorized by judge.

Introduced by: Terry G. Kilgore | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Prisoner civil litigation; subpoenas; summary judgment; access to records. Requires that any subpoena for witnesses or documents be specifically authorized by a judge of the court in which the case is filed. The bill requires the court to exercise its discretion in determining the scope of the subpoena and allows the court to condition the subpoena on such terms as the court finds appropriate considering the burden placed on the object of the subpoena in relation to the needs of the case, the amount in controversy, and the importance of the issues at stake in the litigation. The bill also provides that a summary judgment motion may be made by any party after the commencement of a pro se civil action by a prisoner. The bill allows access to all records maintained by the Department of Corrections in the name of individual prisoners to counsel for the Commonwealth, an agency of the Commonwealth, a Commonwealth employee, or a private contractor providing services to the Department of Corrections in a pro se civil action brought by prisoner.


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