wiki143 - User contributions [en]

Gan Yoshiya

2025-06-28T23:29:32Z

71.167.53.199: /* History */

{{Short description|Moshav in central Israel}}
{{Infobox Kibbutz
| name = Gan Yoshiya
| hebname = {{Script/Hebrew|גַּן יֹאשִׁיָּה}}
|image = File:גן יאשיה.jpg
|arname=جان يوشيا
| foundation = 6 December 1949
| founded_by = {{nowrap|Demobilised [[Palmach]] soldiers}}<br />[[Romanian Jews]]
| district = center
| council = [[Hefer Valley Regional Council|Hefer Valley]]
| affiliation = [[Moshavim Movement]]
| popyear = {{Israel populations|Year}}
| population = {{Israel populations|Gan Yoshiyya}}
| population_footnotes={{Israel populations|reference}}
| pushpin_map = Israel center ta | pushpin_mapsize=250
| coordinates = {{coord|32|20|58|N|34|59|42|E|display=inline,title}}
| website = [http://www.ganyoshiya.com/ www.ganyoshiya.com]
}}

'''Gan Yoshiya''' ({{langx|he|גַּן יֹאשִׁיָּה}}, lit. ''Josiah's Garden'') is a [[moshav]] in central [[Israel]]. Located near the [[Green Line (Israel)|Green Line]] in the [[Tulkarm]] area, it falls under the jurisdiction of [[Hefer Valley Regional Council]]. In {{Israel populations|Year}} it had a population of {{Israel populations|Gan Yoshiyya}}.{{Israel populations|reference}}

==History==
The moshav was founded on 6 December 1949 on the land of the depopulated [[Palestinians|Palestinian]] village of [[Qaqun]] by [[demobilization|demobilised]] [[Palmach]] soldiers and [[aliyah|Jewish immigrants]] from [[Romania]]. It was initially named '''Nahal Reuven''' after [[Nabi Rubin]], before being later renamed in honour of [[Josiah Wedgwood, 1st Baron Wedgwood|Josiah Wedgwood]].<ref>{{cite book|title=All That Remains: The Palestinian Villages Occupied and Depopulated by Israel in 1948|url=https://books.google.com/books?id=_By7AAAAIAAJ |first1=Walid|last1=Khalidi|authorlink=Walid Khalidi|year=1992|location=[[Washington D.C.]]|publisher=[[Institute for Palestine Studies]]|isbn=0-88728-224-5|page=560}}</ref><ref>[http://www.hefer.org.il/gan_yashiya Gan Yoshiya] Hefer Valley Regional Council</ref>

==Notable residents==
*[[Ben Saraf]] (born 2006), basketball player

==References==
{{Reflist}}

==External links==
*[http://www.ganyoshiya.com/ Official website]

{{Hefer Valley Regional Council}}
{{Authority control}}

[[Category:Moshavim]]
[[Category:Populated places established in 1949]]
[[Category:Populated places in Central District (Israel)]]
[[Category:Romanian-Jewish culture in Israel]]
[[Category:1949 establishments in Israel]]

Privileges and Immunities Clause

2025-06-16T02:28:41Z

71.167.53.199: /* See also */

{{Short description|Part of Article IV of the US Constitution}}
{{distinguish|text=the related [[Privileges or Immunities Clause]]}}

The '''Privileges and Immunities Clause''' ([[United States Constitution|U.S. Constitution]], [[Article Four of the United States Constitution|Article IV]], Section 2, Clause 1, also known as the '''Comity Clause''') prevents a [[U.S. state|state of the United States]] from treating citizens of other states in a discriminatory manner. Additionally, a right of [[Freedom of movement under United States law|interstate travel]] is associated with the clause.

==Text==
{{quote|''The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.''}}{{wide image|Comity_Clause.jpg|1999px|Hand-written copy of the Privileges and Immunities Clause from 1787}}

==Prior to ratification of Constitution==
The clause is similar to a provision in the [[Articles of Confederation]]: "The free inhabitants of each of these States, [[pauper]]s, [[vagabond (person)|vagabonds]] and [[fugitives from justice]] excepted, shall be entitled to all privileges and immunities of free citizens in the several States."

[[James Madison]] discussed that provision of the Articles of Confederation in ''[[Federalist No. 42]]''. Madison wrote, "Those who come under the denomination of free inhabitants of a State, although not citizens of such State, are entitled, in every other State, to all the privileges of free citizens of the latter; that is, to greater privileges than they may be entitled to in their own State." Madison apparently did not believe that this clause in the Articles of Confederation dictated how a state must treat its own citizens. [[Alexander Hamilton]] wrote in [[Federalist No. 80]] that the corresponding Privileges and Immunities Clause in the proposed federal Constitution was "the basis of the union."

==Between ratification and Civil War==
In the federal circuit court case of ''[[Corfield v. Coryell]]'',<ref>''Corfield v. Coryell'', [http://press-pubs.uchicago.edu/founders/print_documents/a4_2_1s18.html 6 Fed. Cas. 546 (C.C.E.D.Pa. 1823)].</ref> Justice [[Bushrod Washington]] wrote in 1823 that the protections provided by the clause are confined to privileges and immunities which are, "in their nature, fundamental; which belong, of right, to the citizens of all free governments; and which have, at all times, been enjoyed by the citizens of the several states which compose this Union, from the time of their becoming free, independent, and sovereign."

In his explanation of the scope of the rights protected by the clause, Justice Washington included the [[right to travel]] through and reside in states, the right to claim benefit of the writ of [[Habeas corpus in the United States|habeas corpus]], the right of access to the courts, the right to purchase and hold [[property]], and an exemption from higher taxes than state residents pay. The ''Corfield'' case involved the rights of an out-of-state citizen, rather than the rights of an in-state citizen, and Justice Washington's opinion did not suggest that this provision of the Constitution addresses how a legislature must treat its own citizens. On the contrary, Washington's handwritten notes indicate his belief that this provision of the Constitution did not address how a legislature must treat its own citizens.<ref>[[Gerard Magliocca|Magliocca, Gerard]]. [https://concurringopinions.com/archives/2017/10/not-king-tuts-tomb-but.html “Not King Tut’s Tomb, But...”], Concurring Opinions (October 8, 2017), discussing Justice Bushrod Washington's notes on ''Corfield v. Coryell'' at the [[Chicago History Museum]].</ref>

Another pertinent federal circuit court case was decided by Justice [[Henry Baldwin (judge)|Henry Baldwin]], who succeeded Justice Washington. In the case of ''[[Magill v. Brown]]'',<ref>''Magill v. Brown'', [https://books.google.com/books?id=Zt0yTkuERz0C&dq=%22privileges+and+immunities%22+date:1700-1865&pg=PA39 16 Fed. Cas. 408 (C.C.E.D. Pa. 1833)]</ref> Justice Baldwin addressed the Privileges and Immunities Clause: "We must take it therefore as a grant by the people of the state in convention, to the citizens of all the other states of the Union, of the privileges and immunities of the citizens of this state."

These federal circuit court statements by Justices Washington and Baldwin were not inconsistent with each other. They both became the settled doctrine of the [[U.S. Supreme Court]] after the [[American Civil War|Civil War]].

In 1833, Justice [[Joseph Story]] also addressed the clause:<ref>Story, Joseph. ''[http://press-pubs.uchicago.edu/founders/documents/a4_2_1s20.html Commentaries on the Constitution]'' (1833), § 1800.</ref>

<blockquote>It is obvious, that, if the citizens of each state were to be deemed aliens to each other, they could not take, or hold real estate, or other privileges, except as other aliens. The intention of this clause was to confer on them, if one may so say, a general citizenship; and to communicate all the privileges and immunities, which the citizens of the same state would be entitled to under the like circumstances.</blockquote>

Thus, Story thought that the clause was meant "only to provide temporary visitors with equality in certain rights with the citizens of the states they were visiting."<ref>Curtis, Michael Kent. ''[https://books.google.com/books?id=ciRtcfdkF4kC&dq=%22general+citizenship+and+to+communicate+all+the+privileges+and+immunities%22&pg=PA67 No State Shall Abridge]'', page 67 (1986), via Google Books.</ref>

The clause was also mentioned by the Supreme Court in the infamous ''[[Scott v. Sandford|Dred Scott v. Sandford]]'' decision in 1857. [[Roger Taney|Chief Justice Taney]], speaking for the majority, said that the clause gives state citizens, when in other states, the [[right to travel]], the right to sojourn, the [[right to free speech]], the [[right to assemble]], and the [[right to keep and bear arms]]."<ref>[http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=60&invol=393 ''Dred Scott v. Sandford''], 60 U.S. 393 at 417 (1857).</ref> In his dissent, [[Benjamin Robbins Curtis|Justice Curtis]] wrote that the clause does not confer any rights other than rights that a visited state chooses to guarantee to its own citizens.<ref>''Dred Scott'', 60 U.S. 393 at 584: "It rests with the States themselves so to frame their Constitutions and laws as not to attach a particular privilege or immunity to mere naked citizenship" (Curtis dissenting).</ref>

==After the Civil War==
In 1866, during the congressional debates about the draft [[Fourteenth Amendment to the United States Constitution]], [[Jacob M. Howard|Senator Jacob Howard]] noted that the U.S. Supreme Court had never squarely addressed the meaning of the Privileges and Immunities Clause:

<blockquote>It would be a curious question to solve what are the privileges and immunities of citizens of each of the States in the several States....I am not aware that the Supreme Court have ever undertaken to define either the nature or extent of the privileges and immunities thus guarantied.<ref>Sen. Jacob Howard (May 23, 1866), quoted in [http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=332&invol=46 Adamson v. California], 332 U.S. 46.</ref></blockquote>

The Fourteenth Amendment was ratified two years later, in 1868, and still the Supreme Court had not spoken. The following year, on November 1 of 1869, the Court finally addressed this issue. In the case of '' [[Paul v. Virginia]]'', {{ussc|75|168|1868}}, the Court said the following:

<blockquote>It was undoubtedly the object of the clause in question to place the citizens of each State upon the same footing with citizens of other States, so far as the advantages resulting from citizenship in those States are concerned. It relieves them from the disabilities of alienage in other States; it inhibits discriminating legislation against them by other States; it gives them the right of free ingress into other States, and egress from them; it insures to them in other States the same freedom possessed by the citizens of those States in the acquisition and enjoyment of property and in the pursuit of happiness; and it secures to them in other States the equal protection of their laws.</blockquote>

The Court went on to explain that the laws of one state would not become effective in another: "It was not intended by the provision to give to the laws of one State any operation in other States. They can have no such operation, except by the permission, express or implied, of those States." These sections of ''Paul v. Virginia'' are still good law, and were relied upon, for example, in ''[[Saenz v. Roe]]'', {{ussc|526|489|1999}}. Other portions of ''Paul v. Virginia'' were reversed in ''[[U.S. v. South-Eastern Underwriters Ass'n]]'', {{ussc|322|533|1944}}. The Court has never deviated from the principle stated in ''Paul'' that the Privileges and Immunities Clause in Article IV of the Constitution has no bearing on how a state treats its own citizens. In-state residents "have no claim under the Privileges and Immunities Clause." ''[[United Building & Construction Trades Council v. Mayor and Council of Camden]]'', {{ussc|465|208|1984}}.

The Privileges and Immunities Clause prevents discrimination against people from out of state, but only with regard to basic rights. The Court uses a two-part test to determine if the Privileges and Immunities Clause has been violated. First, it looks to see if a law discriminates against people from out of state regarding fundamental rights (e.g. protection by the government of the enjoyment of life, and liberty, the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety). These rights often focus on the economic right to pursue a livelihood. The second part of the test focuses on whether the state is justified in the discrimination. It examines if there is a substantial reason for the difference in treatment, and if the discriminatory law has a substantial relationship to that reason. For example, the Court has asked: "Does the distinction made by Montana between residents and nonresidents in establishing access to elk hunting threaten a basic right in a way that offends the Privileges and Immunities Clause?" See ''[[Baldwin v. Fish and Game Commission of Montana]]'' {{ussc|436|371|1978}}. The court held it did not, because hunting is a recreational sport, which is outside the fundamental rights protected by the Constitution. If the court had found that recreation and sports were fundamental rights, it would have still had to examine whether the state had a compelling interest (protecting elk herds from being over-hunted), and whether the law was designed to address that problem.

The Court's decision in the ''[[Slaughterhouse Cases]]'' (1873) is consistent with the idea that the Privileges and Immunities Clause was intended only to guarantee that a citizen of one state could enjoy equality in another state with regard to fundamental rights. Referring to the words of Justice Washington in ''[[Corfield v. Coryell|Corfield]]'', the ''Slaughterhouse'' Court stated:<ref>[https://www.law.cornell.edu/supct/html/historics/USSC_CR_0083_0036_ZO.html ''Slaughterhouse Cases''], 83 U.S. 36 (1873). Via [[Cornell Law School]].</ref>

<blockquote>[P]rivileges and immunities....are, in the language of Judge Washington, those rights which are fundamental. Throughout his opinion, they are spoken of as rights belonging to the individual as a citizen of a State....The constitutional provision there alluded to did not create those rights....It threw around them in that clause no security for the citizen of the State in which they were claimed or exercised. Nor did it profess to control the power of the State governments over the rights of its own citizens. Its '''''sole purpose''''' was to declare to the several States, that whatever those rights, as you grant or establish them to your own citizens, or as you limit or qualify, or impose restrictions on their exercise, the same, neither more nor less, shall be the measure of the rights of citizens of other States within your jurisdiction. (emphasis added)</blockquote>

The Supreme Court has never interpreted the Privileges and Immunities Clause as requiring any state to protect general rights of citizenship beyond those that the state already protects for its own citizens, though even a state's own citizens must be allowed to leave the state in order to enjoy privileges and immunities in any other state.{{Citation needed|date=August 2024}}

==Right to travel==
The Privileges and Immunities Clause says that a citizen of one state is entitled to the privileges in another state, from which a right to travel to that other state may be inferred.<ref>Bogen, David. "The Privileges and Immunities Clause of Article IV", ''Case Western Reserve Law Review'', Vol. 37, p. 794, 847 (1987).</ref> Under this clause such an [[internal passport]] which is in use in a small minority of countries, would be unconstitutional.<ref>Bogen, David. "The Privileges and Immunities Clause of Article IV", ''Case Western Reserve Law Review'', Vol. 37, p. 794, 847 (1987).</ref> Indeed, in the 1982 case of ''[[Zobel v Williams]]'', a majority of the U.S. Supreme Court agreed that the Privileges and Immunities Clause plausibly includes a right of interstate travel.<ref>''Zobel v. Williams'', 457 U.S. 55 (1982). Justice [[William J. Brennan, Jr.|William Brennan]], speaking for Justices [[Thurgood Marshall]], [[Harry Blackmun]], and [[Lewis F. Powell, Jr.|Lewis Powell]] said: "Justice O'Connor plausibly argues that the right [to travel] predates the Constitution, and was carried forward in the Privileges and Immunities Clause of Art. IV" (citation omitted). Id. at 66.</ref> In that case, Justice [[Sandra Day O'Connor]] explained:<ref>''Zobel'' at 79 (citations omitted).</ref>

<blockquote>Article IV's Privileges and Immunities Clause has enjoyed a long association with the rights to travel and migrate interstate. The Clause derives from Art. IV of the Articles of Confederation. The latter expressly recognized a right of "free ingress and regress to and from any other State," in addition to guaranteeing "the free inhabitants of each of these states . . . [the] privileges and immunities of free citizens in the several States." While the Framers of our Constitution omitted the reference to "free ingress and regress," they retained the general guaranty of "privileges and immunities." Charles Pinckney, who drafted the current version of Art. IV, told the Convention that this Article was "formed exactly upon the principles of the 4th article of the present Confederation." Commentators, therefore, have assumed that the Framers omitted the express guaranty merely because it was redundant, not because they wished to excise the right from the Constitution. Early opinions by the Justices of this Court also traced a right to travel or migrate interstate to Art. IV's Privileges and Immunities Clause....Similarly, in Paul v. Virginia, the Court found that one of the "undoubt[ed]" effects of the Clause was to give "the citizens of each State . . . the right of free ingress into other States, and egress from them....</blockquote>

Despite scholarly and judicial opinions acknowledging that the Privileges and Immunities Clause may include a right to travel, the issue is not without controversy.{{Which|date=August 2024}}{{Who|date=August 2024}}{{clarify|date=May 2024}}<ref>Natelson, Robert. "The Original Meaning of the Privileges and Immunities Clause", ''Georgia Law Review'', Vol. 43 1117-1193, at 1183 (2009).</ref>

==Miscellaneous==
Unlike the [[Dormant Commerce Clause]], there is no [[market participant]] exception to the Privileges and Immunities Clause. That means that even when a state is acting as a producer or supplier for a marketable good or service, the Privileges and Immunities Clause may prevent it from discriminating against non-residents.<ref>''[[United Building & Construction Trades Council v. Camden]]'' (1984).</ref>

Puerto Ricans were granted U.S. citizenship by the [[Jones–Shafroth Act]] in 1917; subsequently, the [[U.S. Congress]] passed a law (signed by President [[Harry S Truman|Truman]] in 1947)<ref>This federal law is currently codified in the U.S. Code as {{USC|48|737}}.</ref> which expressly extended this constitutional clause to the U.S. citizens in the jurisdiction of [[Puerto Rico]]:<ref>{{Cite web |url=http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=105_house_hearings&docid=f:40445.pdf |title=Puerto Rico Status Hearing before the Committee on Resources House of Representative One Hundred Fifth Congress |publisher=U.S. Government Printing Office |access-date=7 June 2009 }}</ref>

<blockquote>The rights, privileges, and immunities of citizens of the United States shall be respected in Puerto Rico to the same extent as though Puerto Rico were a State of the Union and subject to the provisions of paragraph 1 of section 2 of article IV of the Constitution of the United States.</blockquote>

In the 1970s the Supreme Court began to recognize the application to Puerto Rico of several Constitutional protections contained in the Bill of Rights. In its opinions, the Court, without elaborating, relied on the [[insular cases]] of ''[[Downes v. Bidwell|Downes]]'' and ''[[Balzac v. Porto Rico|Balzac]]'' as precedent for the application of these constitutional rights.<ref>See, e.g., ''[[Examining Board of Engineers, Architects and Surveyors v. Flores de Otero]]'', 426 U.S. 572, 600 (1976) (Equal Protection); ''[[Torres v. Puerto Rico]]'', 442 U.S. 465, 469 (1979) (Fourth Amendment); ''[[Posadas de Puerto Rico v. Tourism Co.]]'', 478 U.S. 328, 331 n.1 (1986) (First Amendment).</ref>

==Footnotes==
{{Reflist}}

==Bibliography==
* Farber, Daniel A.; Eskridge, William N., Jr.; Frickey, Philip P. ''Constitutional Law: Themes for the Constitution's Third Century''. Thomson-West Publishing, 2003. {{ISBN|0-314-14353-X}}
* Hall, Kermit L. ed. ''The Oxford Companion to the Supreme Court of the United States, Second Edition''. [[Oxford University]] Press, 2005. {{ISBN|0-19-511883-9}}
* Rich, William J. "Why 'Privileges or Immunities'? An Explanation of the Framers' Intent," ''Akron Law Review,'' 42 (no. 4, 2009), 1111–27.

==See also==
* [[Privileges or Immunities Clause]]
* [[Baldwin v. Fish and Game Commission of Montana]]
*''[[New York v. O'Neill]]''
* ''[[Sohappy v. Smith]]''

==External links==
* [http://press-pubs.uchicago.edu/founders/tocs/a4_2_1.html The Founders’ Constitution] provides source materials regarding the original meaning of the Privileges and Immunities Clause.
* [http://caselaw.lp.findlaw.com/data/constitution/article04/13.html#2 Findlaw] describes case law relevant to the Privileges and Immunities Clause.

{{US Constitution}}

{{DEFAULTSORT:Privileges And Immunities Clause}}
[[Category:Article Four of the United States Constitution]]
[[Category:Clauses of the United States Constitution]]
[[Category:Privileges and Immunities case law| ]]

Northern Securities Company

2025-06-08T23:55:43Z

71.167.53.199:

{{Short description|American railroad trust company}}
[[File:Review of reviews and world's work (1890) (14762103104).jpg|thumb|A big gun in danger (1902)]]
The '''Northern Securities Company''' was an American railroad [[Trust company|trust]] formed in 1901 by [[E. H. Harriman]], [[James J. Hill]], [[J. P. Morgan]] and their associates. The company controlled the [[Northern Pacific Railway]]; [[Great Northern Railway (U.S.)|Great Northern Railway]]; [[Chicago, Burlington and Quincy Railroad]]; and other associated lines. It was capitalized at $400 million, and Hill served as president.

The company was sued in 1902 under the [[Sherman Antitrust Act]] of 1890 by the [[Justice Department]] under President [[Theodore Roosevelt]], one of the first [[antitrust]] cases filed against corporate interests instead of labor. The government won its case, and the company was dissolved, so that the three railroads again operated independently.<ref>{{cite book|author=Lawrence Meir Friedman|title=American Law in the 20th Century|url=https://books.google.com/books?id=aUNjxn3RvVAC&pg=PA56|year=2004|publisher=Yale UP|page=56|isbn=978-0300102994}}</ref>

Hill was the president of the [[Great Northern Railway (U.S.)|Great Northern Railway]] and Harriman controlled the [[Union Pacific Railroad]], two of the largest railroads in the U.S. Both sought control of the Burlington to connect their roads to the vital railroad hub of [[Chicago, Illinois]]. Hill, who also had a minority interest in the [[Northern Pacific Railway]], outbid Harriman for the Burlington, by agreeing to Burlington President Charles Elliott Perkins's $200-a-share price.

Together, the Great Northern and the Northern Pacific assumed control of nearly 100 percent of the Burlington's outstanding stock. Knowing that the Northern Pacific controlled almost 49.3 percent of the Burlington's stock, Harriman launched a stock raid against the Northern Pacific. Control of the Northern Pacific would allow him to appoint directors to the Burlington, which could then be forced to treat Harriman's Union Pacific favorably in business matters. Harriman's stock raid in May 1901 led to the "Northern Pacific Corner". Speculators had sold shares that they did not own, and were now desperate to purchase shares at any price-some shares reportedly sold at $1,000. Hill, working with J. P. Morgan, took majority control of the Northern Pacific despite Harriman's best efforts.

This speculation resonated throughout the stock market and the country as a whole. The two men, their backers, and associates agreed to settle their differences and eliminate ruinous competition through a monopolistic combination. The Northern Securities Company was formed by Hill to control the stock of his major railroad properties. Some of Harriman's directors were appointed as representatives for his holdings of Northern Pacific shares.

A public outcry over the new company made its way throughout the country, and both state and federal officials prepared to file litigation. On February 19, 1902, the [[United States Department of Justice]] announced plans to file a suit against the company. When approached by J. P. Morgan to settle the issue in private, President Roosevelt refused; he later remarked, "Mr. Morgan could not help regarding me as a big rival operator who either intended to ruin all his interests or could be induced to come to an agreement to ruin none." Although Roosevelt still believed that trusts were not always bad for society, he could not bear to feel treated as just another rival operator. The suit continued.<ref>{{cite book|first=Nomi |last=Prins|title=All the Presidents' Bankers: The Hidden Alliances that Drive American Power|url=https://books.google.com/books?id=klEeBQAAQBAJ&pg=PA6|year=2014|publisher=Nation Books|page=6|isbn=9781568587493}}</ref>

The Justice Department won the suit and the company was dissolved according to the 1904 Supreme Court ruling in ''[[Northern Securities Co. v. United States]]'' case, decided five to four. The companies were convicted under the [[Sherman Antitrust Act]]. In the following seven years, 44 other federal antitrust cases turned out rulings similar to the ''Northern Securities'' case. Included in these break-ups were Harriman's own holdings of the Union Pacific and Southern Pacific railroads.

The ''Northern Securities'' case was one of the earliest antitrust cases and provided important legal precedents for many later cases, including that against [[Major League Baseball#Organizational structure|Major League Baseball]].

In 1955, the Northern Pacific and Great Northern renewed talks of merging. The Supreme Court approved the merger, and as a result, the Great Northern, Northern Pacific, Chicago Burlington & Quincy, and the [[Spokane, Portland and Seattle Railway]] merged on March 2, 1970, to form the [[Burlington Northern Railroad]].

==References==
{{reflist}}

==Further reading==
* Brown, R. Blake, and Bruce A. Kimball. "When Holmes Borrowed from Langdell: The" Ultra Legal" Formalism and Public Policy of Northern Securities (1904)." ''The American Journal of Legal History'' (2001): 278-321. [https://www.jstor.org/stable/3185326 in JSTOR]
*Bryant, Keith L., Jr., Editor. ''Encyclopedia of American Business History and Biography, Railroads in the Twentieth Century.'' New York: Facts on File, 1990.
*Frey, Robert L., Editor. ''Encyclopedia of American Business History and Biography, Railroads in the Nineteenth Century.'' New York: Facts on File, 1988.
* Haeg, Larry. ''Harriman vs. Hill: Wall Street's Great Railroad War'' (2013)
* Hidy, Ralph W., et al. ''The Great Northern Railway, A History.'' (Boston: Harvard Business School Press, 1988)
*Klein, Maury. ''The Life and Legend of E.H. Harriman.'' (U of North Carolina Press, 2000) [https://www.questia.com/library/101420143/the-life-legend-of-e-h-harriman online]
*Martin, Albro. ''James J. Hill and the Opening of the Northwest.'' (Oxford University Press, 1976)
*{{cite book |title=Bulletin of the University of Wisconsin, No. 142: History of the Northern Securities Case |id= ([https://books.google.com/books?id=cYZKAAAAMAAJ other link]) |last=Meyer |first=Balthasar Henry |author-link=Balthasar H. Meyer |year=1906 |publisher=University of Wisconsin |location=Madison |url=https://books.google.com/books?id=4gfnAAAAMAAJ}}
* Prager, Robin A. "The effects of horizontal mergers on competition: The case of the Northern Securities Company." ''The RAND Journal of Economics'' (1992): 123–133.
* Randolph, Carman F. "Considerations on the State Corporation in Federal and Interstate Relations. The Northern Securities Cases." ''Columbia Law Review'' 3.3 (1903): 168–197. [https://www.jstor.org/stable/1109699 in JSTOR]
* Stigler, George J. "Monopoly and oligopoly by merger." ''American Economic Review'' (1950): 23–34. [https://www.jstor.org/stable/1818020 in JSTOR]
* Strouse, Jean. ''Morgan: American Financier'' (1999) pp 418–34.

===Primary sources===
*The Northern Securities Decision [https://www.law.cornell.edu/supct/html/historics/USSC_CR_0193_0197_ZS.html] ''Northern Securities Co. v. United States'' at Cornell Law School's Supreme Court Collection.

[[Category:Chicago, Burlington and Quincy Railroad subsidiaries]]
[[Category:Great Northern Railway (U.S.) subsidiaries]]
[[Category:Northern Pacific Railway subsidiaries]]
[[Category:Progressive Era in the United States]]

Subpoena

2025-06-08T23:30:09Z

71.167.53.199: /* See also */

{{Short description|Writ to compel testimony or the yielding of evidence}}
{{Wiktionary|subpoena}}
A '''subpoena''' ({{IPAc-en|s|ə|ˈ|p|iː|.|n|ə}};<ref>{{cite dictionary|title=subpoena|url=https://dictionary.cambridge.org/dictionary/english/subpoena|dictionary=[[Cambridge English Dictionary]]|publisher=[[Cambridge University Press]]|access-date=10 November 2019|archive-url=https://web.archive.org/web/20180209023544/http://dictionary.cambridge.org/dictionary/english/subpoena|url-status=live|archive-date=9 February 2018}}</ref> also '''subpœna''', '''supenna''' or '''subpena'''<ref name=":0" />) or '''witness summons''' is a [[writ]] issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoenas:
# ''[[subpoena ad testificandum]]'' orders a person to testify before the ordering authority or face punishment. The subpoena can also request that the testimony be given by phone or in person.
# ''[[subpoena duces tecum]]'' orders a person or organization to bring physical evidence before the ordering authority or face punishment. This is often used for requests to mail copies of documents to a requesting party or directly to a court.

==Etymology==
[[File:Subpoena usgs.jpg|thumb|200px|right|Example of subpoena in the case ''[[Anderson v. Cryovac]]''<ref>{{cite web |url=http://serc.carleton.edu/woburn/resources/trial_documents.html |title=Example Copy of Subpoena in Anderson v. Cryovac landmark case}}</ref>]]
The term ''subpoena'' is from the [[Middle English]] ''suppena'' and the Latin phrase ''sub [[poena]]'' meaning "under penalty".<ref>[[Webster's Dictionary|Webster's]] New Collegiate Dictionary, p. 1160 (8th ed. 1976).</ref> It is also spelled "subpena".<ref name=":0">See, e.g., {{usc|18|1429}}; {{uscsub|18|3333|c|1}}; {{uscsub|18|1968|c}}; and {{usc|28|1365}}.</ref> The subpoena has its source in [[English law|English common law]] and it is now used almost with universal application throughout the English common law world. [[John Waltham]], [[Bishop of Salisbury]], is said to have created the [[writ]] of subpoena during the reign of [[Richard II of England|Richard II]].<ref>{{cite book |last1=Curtis |first1=John |title=A School and College History of England |date=1860 |publisher=Simpkin, Marshall and Co. |page=139 |url=https://books.google.com/books?id=s71XAAAAcAAJ&q=subpoena+power+originated+king+richard&pg=PA139 |access-date=1 May 2017}}</ref> However, for civil proceedings in England and Wales, it is now described as a '''witness summons''', as part of reforms to replace Latin terms with [[Plain English]] understandable to the [[layman]].

==Process==
=== Australia ===
In [[New South Wales]], a court may set aside the whole, or part, of a subpoena on the basis that it is a "[[fishing expedition]]". In ''Lowery v Insurance Australia Ltd'', the NSW Court of Appeal held that where documents requested in the schedule of a subpoena are deemed to have no relevance to the proceedings in dispute, the subpoena may be set aside as it has no legitimate forensic purpose. It was also held that it was not the role of the Court to redraft the subpoena and narrow its scope to those issues in dispute.<ref>[http://www.austlii.edu.au/au/cases/nsw/NSWCA/2015/303.html ''Lowery v Insurance Australia Ltd'' [2015]] NSWCA 303</ref> In [[Victoria (Australia)|Victoria]] a subpoena is usually issued by a court registry officer, and does not require leave of the court.

===New Zealand===
In New Zealand, subpoenas are governed under the rules of the court in which the subpoena is issued.

=== United States ===
Subpoenas are usually issued by the clerk of the court in the name of the judge presiding over the case. Additionally, court rules may permit lawyers to issue subpoenas themselves in their capacity as officers of the court.<ref>{{Cite web|title=What Is a Subpoena?|url=https://www.findlaw.com/litigation/going-to-court/what-is-a-subpoena.html|access-date=2021-04-21|website=Findlaw|language=en-US}}</ref> Typically subpoenas are issued "in blank" and it is the responsibility of the lawyer representing the party ([[plaintiff]] or [[defendant]]) on whose behalf the testimony is to be given to [[Service of process|serve]] the subpoena on the witness. If a witness is reluctant to testify, then the personal service of subpoena is usually required with proof of service by non-party server.

The subpoena will usually be on the letterhead of the court where the case is filed, name the parties to the case, and be addressed by name to the person whose testimony is being sought. It will contain the language "You are hereby commanded to report in person to the clerk of this court" or similar, describing the specific location, scheduled date and time of the appearance. Some issuing jurisdictions include an admonishment advising the subject of the criminal penalty for failure to comply with a subpoena, and reminding him or her not to leave the court facilities until excused by a competent authority, often ending with the archaic threat "Fail not at your peril." In some situations, the person having to testify or produce documents is paid.

''[[Pro se]]'' litigants who represent themselves, unlike lawyers, must ask a court clerk to officially issue them subpoena forms when they need to call witnesses by phone or in person, or when they need to officially request documents to be sent to them or directly to court.<ref>{{cite web|url=http://www.mad.uscourts.gov/general/prose-litigants.htm|title=Pro Se Litigants / Representing Yourself}}</ref> Any documents that have not been subpoenaed to court or verified by a witness may be dismissed by the opposite party as [[hearsay]], unless excepted by [[Hearsay in United States law|hearsay rules]] or permitted by the judge. If the witness is called via long-distance phone call, then the requesting party is responsible for initiating the call and providing a payment with a prepaid phone card. Most states (including California) have further restrictions on subpoena use in criminal cases.<ref>{{cite web|url=http://www.spolinlaw.com/blog/2016/10/05/los-angeles-criminal-court-subpoenas/|title=Los Angeles Criminal Court Subpoenas / Rules and Regulations|date=5 October 2016}}</ref>

Some states (as is the case in Florida) require the subpoenaing party to first file a Notice of Intent to Serve Subpoena, or a Notice of Production from Non-Party ten days prior to issuing the subpoena, so that the other party may have ample time to file any objections.

Also, the party being subpoenaed has the right to object to the issuance of the subpoena, if it is for an improper purpose, such as subpoenaing records that have no relevance to the proceedings, or subpoenaing persons who would have no evidence to present, or subpoenaing records or testimony that is confidential or privileged.

'''State courts'''. The subpoena power of any [[State court (United States)|state court]] in the United States generally ends at that state’s border.<ref name=man>[https://defendermanuals.sog.unc.edu/sites/default/files/pdf/29.1%20Securing%20the%20Attendance%20of%20Witnesses%20by%20Subpoena%20and%20Other%20Process_0.pdf "Securing the Attendance of Witnesses by Subpoena and Other Process,"] ''NC Defender Manual'' Vol. 2, Trial, Chapter 29 (2018).</ref><ref>Rhonda Wasserman (1989). [https://scholarship.law.umn.edu/mlr/2156/ "The Supoena Power: Pennoyer's Last Vestige,"] 74 ''Minnesota Law Review'' 37.</ref> Consequently, lacking any powers outside the state's border, state prosecutors and defense attorneys in a state criminal case cannot use the same procedures that they would use to obtain a subpoena for an out-of-state witness that they would for an in-state witness.<ref name=gen>Darrell E. White II (May 18, 2021 ). [https://www.naag.org/attorney-general-journal/subpoenaing-out-of-state-witnesses/ "Subpoenaing Out-of-State Witnesses in Criminal Proceedings: A Step-by-Step Guide,"] National Association of Attorneys General.</ref>

'''Congress'''. Standing committees in both houses of the [[United States Congress]] have the authority to send out subpoenas for legitimate lawmaking and investigation purposes. This compels the production of testimony or records, and failure to respond constitutes [[contempt of Congress]].<ref>{{cite court |url=http://supreme.justia.com/us/365/399/case.html|litigants=Wilkinson v. United States 365 U.S. 399 (1961) |reporter=justia.com|access-date=May 18, 2017}}</ref>

There are several exceptions to being required to testify in court, including the following examples:

* [[Fifth Amendment to the United States Constitution|Fifth Amendment]] – Under the Fifth Amendment to the United States Constitution, no person shall be compelled to be a witness against themselves. Witnesses cannot be forced to testify if the testimony may incriminate them. This right can, however, be set aside if the witness is granted immunity. This immunity allows them to testify, and makes them immune to prosecution for any crimes they confess to.
* [[Spousal privilege]] – In most cases, a person cannot be compelled to testify against their spouse. This rule also exists as a consequence of the Fifth Amendment and the "One flesh" concept of Marriage. Under this rule, since married spouses are joined together as one entity, they cannot be forced to testify against each other. Exceptions to this rule include domestic violence or sexual abuse cases.
* [[Priest–penitent privilege|Counselors or Priests]] – Communication with a counselor or priest is considered privileged, because both jobs require that clients be free to express themselves completely honestly, without fear of consequences.
* Lawyers – In order to provide competent legal advice, clients must be free to express all details to their lawyer. Communication with a lawyer is protected, and a lawyer cannot be forced to testify against a client.
* Doctors – Medical professionals are forbidden from disclosing a patient's private medical information without the patient's permission, under the law of [[Physician-patient privilege|patient confidentiality]]. A doctor cannot provide testimony based upon the patient's private medical information, and a doctor cannot be compelled to disclose medical records.
* Diplomats – Foreign diplomats can never be forced to testify in court, under [[diplomatic immunity]].
* Incompetent witness or evidence - A witness may have memory or other cognitive deficits, which could affect their ability to truthfully recall events. They also may not be physically fit to appear in court.
* Inadmissible evidence – If the evidence is obtained illegally, it is not admissible in court. For example, someone who sneaks onto private property and overhears a private conversation between two people cannot testify to that conversation in court. The same applies to illegally recorded conversations, illegally taken photos, or other [[Eavesdropping|eavesdropped]] conversations. If a burglar broke into a home and found illicit drugs inside, their testimony to that discovery would not be allowed in court, as it was illegally obtained.

== "Friendly subpoena" ==
A "friendly subpoena" is a subpoena that is issued to an individual or entity who might otherwise testify or submit evidence willingly without a subpoena, but is prevented from doing so due to a higher order legal, ethical or regulatory loyalty, or [[fiduciary responsibility]], which can only be superseded by a subpoena. It is called a "friendly" subpoena because the recipient would otherwise be or is very likely to be willing to cooperate with the investigation at issue, once issued a subpoena.<ref>{{Cite journal|title=Overall Strategy|url=http://digitalcollections.library.cmu.edu/awweb/awarchive?type=file&item=632639|journal=Carnegie Mellon University Libraries Digital Collections Portal}}</ref><ref>{{Cite web|url=https://www.justice.gov/jm/jm-9-13000-obtaining-evidence|title=US Department of Justice site|date=19 February 2015}}</ref><ref>{{Cite web|url=https://www.cnn.com/2019/04/12/politics/elijah-cummings-subpoena-mazars-usa/index.html|title=Cummings to issue 'friendly subpoena' to Trump accounting firm|author=Lauren Fox and Jeremy Herb|website=CNN|date=12 April 2019|access-date=2019-11-08}}</ref><ref>{{Cite news|url=https://www.nytimes.com/2019/04/15/business/deutsche-bank-trump-finances-congress.html|title=Deutsche Bank Is Subpoenaed for Trump Records by House Democrats|last1=Flitter|first1=Emily|date=2019-04-15|work=The New York Times|access-date=2019-11-08|last2=Enrich|first2=David|language=en-US|issn=0362-4331}}</ref><ref>{{Cite web|url=https://www.newsweek.com/robert-mueller-testify-congress-friendly-subpoena-schiff-1445924|title=Mueller "did not want to testify," wasn't sent a "friendly subpoena," says intelligence committee chairman|last=Croucher|first=Shane|date=2019-06-26|website=Newsweek|language=en|access-date=2019-11-08}}</ref>

==Conduct money==
'''Conduct money''' is money paid in some legal systems to a person under the compulsion of a subpoena to pay for their expenses to attend in [[court]].<ref> [https://www.acat.act.gov.au/hearings/subpoenas/conduct-money Conduct money and reasonable costs] ACT Civil & Administrative Tribunal</ref> It generally incorporates a daily rate for each day the [[witness]] must attend in court (with a one-day minimum), plus a travel allowance to allow the witness to get to the place of the hearing. Generally, conduct money must be delivered with the summons for it to have legal effect. In some jurisdictions, however, failure to provide conduct money at the time the summons is served is only an irregularity but not fatal to the validity of the summons. Witnesses are generally entitled to additional conduct money if their attendance is required on more days than anticipated. Moreover, witnesses who are required to make an overnight stay to attend in court on more than one day are generally entitled to an allowance for accommodation and meals.

The rates for travel, daily attendance, accommodation, and meals are generally set under a [[court tariff]], and are fixed for all witnesses. A witness may not refuse to appear merely because they believe the conduct money is insufficient to make up for their lost wages or actual travel expenses. Witnesses may be paid more, but the additional cost cannot be claimed against the losing party – only the tariff amount can be recovered.

Occasionally, special witnesses, such as experts, may be entitled to receive conduct money under a higher tariff. As an example, in the Canadian province of [[Ontario]], witnesses in civil proceedings in the [[Superior court (Canada)|Superior Court]] are allowed a daily rate of 50.00 [[Canadian dollar|CAD]]. The travel allowance is $3.00 if the witness resides in the same city as the hearing; 24 cents per kilometre each way if the hearing is within 400 km (approx. 240 miles); or open ticket coach class airfare, plus 24 cents per kilometre to the nearest airport to both the witness and the place of hearing if the distance is over 400 km. The accommodation and meal allowance is $75.00 per overnight stay for anyone travelling more than a certain distance from the hearing.

==See also==
* [[Administrative subpoena]]
* [[Emergency data request]]
* [[Indictment]]
* [[Summons]]
*[[Uniform Law to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings]]

== References ==
{{Reflist}}

==Further reading==
* [https://www.pbs.org/wgbh/pages/frontline/newswar/part1/subpoenas.html "The Press and Subpoenas: An Overview"], by Marlena Telvick and Amy Rubin, ''[[Frontline (American TV program)|Frontline]]'', PBS, February 20, 2010.

{{Authority control}}

[[Category:Writs]]
[[Category:Legal documents]]
[[Category:Legal documents with Latin names]]

Subpoena duces tecum

2025-06-07T01:37:54Z

71.167.53.199:

{{Short description|Court order to produce evidence}}
{{Globalize|article|United States|date=May 2023}}
{{Primary sources|date=June 2023}}{{italic title}}
A '''''subpoena duces tecum''''' (pronounced in English {{IPAc-en|s|ə|ˈ|p|iː|n|ə|_|ˌ|dj|uː|s|iː|z|_|ˈ|t|iː|k|ə|m}} {{respell|sə|PEE|nə|_|DEW|seez|_|TEE|kəm}}), or '''subpoena for production of evidence''', is a [[summons|court summons]] ordering the recipient to appear before the court and produce documents or other tangible [[evidence]] for use at a [[Hearing (law)|hearing]] or [[trial]]. In some jurisdictions, it can also be issued by legislative bodies such as county boards of supervisors.

The summons is known by various names in different jurisdictions. The term ''subpoena duces tecum'' is used in the [[United States]], and some other [[common law]] jurisdictions such as [[South Africa]] and [[Canada]]. The summons is called a "subpoena for production of evidence" in some U.S. states that have sought to reduce the use of non-English words and phrases in court terminology.

The ''subpoena duces tecum'' is similar to the ''[[subpoena ad testificandum]]'', which is a writ summoning a witness to testify orally. However, unlike the latter summons, the ''subpoena duces tecum'' instructs the witness to bring in hand books, papers, or evidence for the court. In most jurisdictions, a subpoena usually has to be [[Service of process|served]] personally.

==Etymology==
The phrase ''sub poena duces tecum'' is a [[Latin]] expression meaning literally "under [threat of] penalty [or punishment], you will bring [it] with you." The word {{lang|la|sub}} means "under" and {{lang|la|poena}} "penalty"; {{lang|la|duces}} "you will lead, guide, pull, bring"; and {{lang|la|tecum}} "with you".

==Order pursuant to a deposition==
In the United States, a notice to a [[Party (law)|party]] (to the [[Lawsuit|action]]) deponent (a person called to testify in a [[deposition (law)|deposition]]) may be accompanied by a request for production of documents and other tangible things during the taking of a deposition. The notice to produce (literally: "bring these documents with you to the deposition") is served prior to the deposition. This follows the [[Federal Rules of Civil Procedure]].<ref>Federal Rules of Civil Procedure 30(b)(5), also called FRCP</ref> The method of using a ''subpoena duces tecum'' is generally valid only to compel a [[witness]] to produce documents and other things at the time of the deposition.

If a deponent is a non-party to the action (not involved directly in the litigation, but wanted for testimony), production of documents can be compelled only through a proper ''subpoena duces tecum''.<ref>{{cite journal |last1=Edgar |first1=Donald L. |title=Discovery of Documents and Things: The Federal Rules and the California Law |journal=California Law Review |date=1954 |volume=42 |issue=5 |pages=829–837 |doi=10.2307/3477713 |jstor=3477713 |url=https://lawcat.berkeley.edu:443/record/1109437/files/fulltext.pdf |accessdate=21 January 2020}}</ref>

Federal cases and some states follow Rule 27(a)(3) of the Federal Rules of Civil Procedure concerning the production of documents in [[pretrial discovery]], including those pertaining to depositions. These can include the ''subpoena duces tecum'' to produce documents, or in some cases to undergo a [[physical examination|physical]] or [[mental status examination|mental examination]]. In the [[Ninth Circuit]], interpreting Rule 27 literally, it has been held that a party can simply produce the documents only, and in certain cases, avoid an oral deposition when presented with a ''subpoena duces tecum''.<ref>23 Am Jur 2nd Depositions and Discovery, §§ 126–127</ref>

===Jencks Act criminal cases===
In the 1957 case ''[[Jencks v. United States]]'' the [[United States Supreme Court]] ruled that a defendant must have access to [[government witness]]es who will testify against him in a criminal trial, and must also have access to any documents pertaining to that testimony.<ref>Jencks v. United States, 355, US 657 (1957)</ref> This includes papers, documents, written statements, and the like. This led to passage of the [[Jencks Act]], 18 USC, Part II, Chapter 223, § 3500, which allows for ''subpoena duces tecum'' of relevant government documents, but only after a government agent or employee has testified at trial. There can be no pre-trial discovery. The subpoena is allowed by the trial judge. The government has the right to deny access to the documents. This may be due to the sensitive nature of the documents, or because they are classified.

If a remedy is granted, there is a [[mistrial (law)|mistrial]] and dismissal of criminal charges.<ref>23 Am Jur 2nd "Depositions and Discovery", § 443</ref><ref>Jencks v. United States idem.</ref> An accused criminal has no right to subpoena the [[work product]] of the prosecution in a criminal case.<ref>23 Am Jur 2nd "Depositions and Discovery", § 444</ref>

==US state court seeking to compel production of documents from a witness in another state==
The subpoena power of any [[State court (United States)|state court]] in the United States generally ends at that state’s border.<ref name=man>[https://defendermanuals.sog.unc.edu/sites/default/files/pdf/29.1%20Securing%20the%20Attendance%20of%20Witnesses%20by%20Subpoena%20and%20Other%20Process_0.pdf "Securing the Attendance of Witnesses by Subpoena and Other Process,"] ''NC Defender Manual'' Vol. 2, Trial, Chapter 29 (2018).</ref><ref>Rhonda Wasserman (1989). [https://scholarship.law.umn.edu/mlr/2156/ "The Supoena Power: Pennoyer's Last Vestige,"] 74 ''Minnesota Law Review'' 37.</ref> Consequently, lacking any powers outside the state's border, state prosecutors and defense attorneys in a state criminal case cannot use the same procedures that they would use to obtain a subpoena for an out-of-state witness that they would for an in-state witness.<ref name=gen>Darrell E. White II (May 18, 2021 ). [https://www.naag.org/attorney-general-journal/subpoenaing-out-of-state-witnesses/ "Subpoenaing Out-of-State Witnesses in Criminal Proceedings: A Step-by-Step Guide,"] National Association of Attorneys General.</ref>

==Compelling a foreign corporation to produce documents==
A domestic corporation may be considered to be a "person" within the meaning of the [[Fourteenth Amendment of the United States Constitution]]. It is not necessary to treat a corporation as a person in all circumstances. United States [[case law]] is confusing concerning this matter when dealing with foreign corporations, and their operation within the United States.{{fact|date=March 2025}} Especially troubling have been rulings concerning the [[Fourth Amendment of the United States Constitution]] and [[Fifth Amendment to the United States Constitution]]. A foreign agent may not claim [[Fifth Amendment to the United States Constitution|Fifth Amendment]] provisions against [[self-incrimination]]. Nor can records be withheld from ''subpoena duces tecum'' on the grounds that production of such documents would incriminate officers or other members of the foreign corporation. However, there is case authority in which foreign corporations have been protected from illegal [[searches and seizures]], including documents and books.<ref>See case law: 120 ALR 1103</ref> The matter of a foreign corporation operating as a "person" within the United States being afforded protection under the Fourteenth Amendment is discussed.<ref>49 ALR 732</ref><ref>77 ALR 1490</ref><ref>36 Am Jur 2nd "Foreign Corporations", §§ 44 and 45</ref>

==Failure to produce documents==
In the United States, a [[continuance]] (a rescheduling of a [[court hearing]] to a later date) of a civil action may be granted due to the absence of documents or papers. The party failing to produce the documents requested by a ''subpoena duces tecum'' must show good reason why there was a failure to do so. Acceptable explanations have included loss or destruction of papers, or an agreement to use copies. The party seeking the continuance must show that the absence of the documents is not because of the negligence of their own, or of the [[attorney of record]].<ref>17 Am Jur 2nd "Continuance",§ 20</ref>

Similarly, a continuance may be granted in a criminal case if there is good reason documents pertinent to the case could not be produced at the time of trial. For example, a continuance should be granted for failure to produce a transcript of testimony given at a previous trial. In general, it is [[reversible error]] to proceed with a criminal trial in the absence of a previous trial transcript, when such contains pertinent information that should have been considered in the new trial. In these cases, a continuance is the usual remedy.<ref>17 Am Jur 2nd "Continuance", § 81</ref>

===Commitment of witness; contempt of court===
A witness who has refused to obey a lawful order to produce books, documents and papers may be incarcerated for [[contempt of court]]. A writ of ''[[habeas corpus]]'' will not apply unless it can be shown the witness could not have legally had possession of such documents. In such a situation the writ of ''habeas corpus'' will properly apply, and is the remedy for such improper action.<ref>Ex Parte Clarke, California</ref><ref>39 Am Jur 2nd "Habeas Corpus", § 97</ref>

At [[common law]], and under various statutes pertaining to a given jurisdiction, a right to action for damages, or for a statutory penalty or [[Forfeiture (law)|forfeiture]], exists against a witness who, without sufficient excuse, fails or refuses to give oral testimony or to produce documents or other specified items in obedience to the command of a properly issued and served subpoena.<ref>Cases listed and discussed in 81 ALR 3rd 1297, §§ 3 (b), 8 (a), 9 (a)</ref>

There are certain conditions precedent, or defenses, to a recovery of damages for a person's failure to testify, or to provide documents pertinent to a hearing or trial. There must be a breach of testimonial duty, after having been properly served with a legitimately executed subpoena. There must be a demonstration of actual damages incurred from the absence of testimony. Most courts have rejected the arguments for seeking damages in this kind of case. Giving false testimony in a judicial proceeding even though the allegation is made that the person giving the testimony knew it to be false does not give rise, either at common law or by statute, to a civil action for damages resulting from such testimony. The situation is probably different if intentionally false documents are submitted under a ''subpoena duces tecum''.<ref>Generally 61 ALR 3rd 1297</ref><ref>81 Am Jur 2nd "Witnesses", § 79</ref>

==Writ of mandamus vacating an order to produce documents==
A writ of [[mandamus]] (Latin for "we command") is appropriate to compel surrender of documents in the possession of attorneys or other persons that have been illegally obtained under the abuse of a [[writ of attachment]].<ref>Rosenthal v. Dickerman, Michigan</ref> Mandamus can [[vacate]] an order to produce books and papers.<ref>International Harvester Co. v. Eaton Circuit Judge, Michigan</ref>

In an 1893 case, the [[United States Attorney]] for [[Alabama]] refused to vacate his office, refusing to surrender books, papers, and other materials to the newly appointed US Attorney. The [[United States federal court|federal court]] in Alabama issued a writ directing the previous attorney to relinquish the documents. He, in turn, sought relief from the Supreme Court, which denied his application, saying it would not interfere with the properly conducted internal matters of a court. In the case ''In re: Parsons'', the US Supreme Court wrote: <blockquote>"If the orders be regarded merely as directions in the administration of judicial affairs in respect of the immediate possession of property or custody of prisoners, we cannot be properly called to, by reason of anything appearing on these records, in the exercise of appellate jurisdiction in this manner, to direct them to be set aside. And if the proceedings should be treated as involving a final determination as on issues joined to the right to such possession and custody, there was no complaint of want of notice or of hearing, and the summary made adopted did not in itself affect the jurisdiction of the Circuit Court upon the ground that it had exceeded its powers."<ref>52 Am Jur 2nd "Mandamus" § 314</ref></blockquote>

Mandamus is the remedy where a lower court has clearly failed to issue compulsion to produce documents, or to allow the petitioner access to such documents as may be in the possession of the court or the parties to the action. Mandamus can be used to compel a court to enforce an order to answer [[interrogatories]] (questions submitted by the court or one of the parties to be answered under oath and pain of [[perjury]]).<ref>Smith v. Superior Court of San Joaquin County, California</ref><ref>88 ALR 2nd 650</ref><ref>For mandamus as it generally applies to witnesses, see: 41 ALR 433 and 112 ALR 438</ref>

Mandamus is the proper remedy to compel the [[quash]]ing of a ''subpoena duces tecum'' for the production before a [[grand jury]] of documents protected by [[attorney–client privilege]].<ref>Continental Oil Co. v. United States, Arizona</ref><ref>9 ALR 3rd 1413</ref> Presumably, this would apply to attorney work product, although there is no case law on the matter.<ref>52 Am Jur 2nd "Mandamus", § 367, Grand Juries</ref>

==Public access to documents filed with the court==
The right of the public to access judicial records is fundamental to a democratic state and is analogous to the United States' First Amendment right of freedom of speech and of the press and the Sixth Amendment right to public trials.<ref>Barron v. Florida Freedom Newspapers, Florida</ref><ref>75 Am Jur 2nd "Trial" § 205</ref><ref>21 A Am Jur 2nd 'Criminal Law" sections 666 et seq; 876 et seq</ref> While the right to access trial records is not absolute, it is framed in presumption of public access to the proceedings and records.<ref>Re: Iowa Freedom of Information Council, Iowa</ref><ref>Oxnard Publishing Co.v. Superior Court of Ventura County, California</ref><ref>Globe Newspaper Co. v. Superior Court of County of Norfolk; US Supreme Court</ref><ref>Press-Enterprise Co. v. Superior Court of California; US Supreme Court</ref><ref>75 Am Jur 2nd "Trials", §§ 205–216</ref> United States Code 11, Section 107 (a), of the federal bankruptcy law, is a codification of the common-law general right to inspect judicial records and documents. However, the right is not absolute and may be denied when the entity seeking to view the records has an improper purpose. The general intent of the statute is to favor public access to court documents.<ref>9 Am Jur 2nd "Bankruptcy", § 829</ref>

==Specific types of documents==
===Privileged documents===
{{main|Privilege (evidence)}}

[[Attorney–client privilege]] is generally recognized by the courts. Communications between lawyer and client are generally immune from subpoena. In other words, a lawyer cannot be compelled to testify in a trial unless the lawyer becomes, or appears to become, a party to the litigation. A similar situation exists with "work product", meaning written documents or computer records generated in preparation for a trial or hearing. This includes information such as potential questions that may be asked of witnesses, lists of possible witnesses, memoranda, notes, trial strategies, written briefs, or documents that may, or may not end up being used in the course of litigation. Usually, none of this can be the subject of a ''subpoena duces tecum''. If a communication between lawyer and client is made in the presence of a third party, the privilege is not recognized to exist.<ref>14 ALR 3rd 594</ref><ref>81 Am Jur 2nd Witnesses, §§ 172 et seq</ref><ref>1 ALR 4th 1124</ref><ref>59 ALR 3rd 441</ref><ref>55 ALR 3rd 1322</ref><ref>44 ALR 3rd 24</ref>

The [[Federal judiciary of the United States|federal courts]] will apply the common law rule of attorney–client privilege unless there is an intervening [[state law]] applying to the central issues of the matter. In those cases, the federal court uses the effective state law.<ref>Federal Rules of Civil or Criminal Procedure, Rule 501 in the Federal Rules of Evidence</ref><ref>48 ALR Fed 259</ref>

[[Physician–patient privilege]] is usually statutorily defined, and can vary from state to state. The usual rule is that medical records are immune from subpoena if the plaintiff has not alleged physical or mental injuries or damages. Once the plaintiff alleges physical or mental injuries proximately flowing from a potentially tortious act by the defendant, or in some other disability hearing, medical records can be subject to ''subpoena duces tecum''. While witnesses may try to resist [[legal discovery]] by asking the judge to protect them from questioning or [[inspection of documents]], the policy of the courts is in favor of full disclosure. It is the intent of the rules of procedure that pre-trial discovery take place without any intervention of a judge. So-called "fishing expeditions" (massive and aimless calls for all documents related to the litigation) are permissible under Federal Rule of Civil Procedure 26 (b) (1). This rule is repeated in many states' rules of procedure: "Parties may obtain discovery regarding any matter, not privileged, which is relevant ... if the information sought appears reasonably calculated to lead to the discovery of admissible evidence." The looseness of the definition of relevant evidence is generally construed to mean "liberal" production. The physician who is the party to an action does not own the records of patients he has treated. They are not privileged if the patient has waived confidentiality. Physicians must produce medical records under ''subpoena duces tecum''.<ref>Sharpe, Fascina and Head, "Law and Medicine", p. 5</ref>

Peer review records and other hospital documents of quality control committee meetings are generally not subject to ''subpoena duces tecum'', since these have statutory immunity. The theory is that the frankness of peer review would be chilled if these records could be routinely compelled.<ref>Matchett v. Superior Court, California</ref><ref>Sharpe Fiscina and Head, "Law and Medicine" p. 69</ref>

Several United States [[United States courts of appeals|Federal Circuit Courts]] have recognized a limited [[reporter's privilege]].

In some states (such as California), rape crisis counselors and domestic violence advocates hold a statutory privilege analogous to therapist–client privilege. (See, for example, 1035 Cal. Evidence Code for rape crisis advocates,<ref>[http://leginfo.ca.gov/cgi-bin/displaycode?section=evid&group=01001-02000&file=1035-1036.2, CA Codes (evid:1035-1036.2)] retrieved 2009-11-26</ref> and 1037.6 Cal. Evidence Code for domestic violence advocates).<ref>[http://leginfo.ca.gov/cgi-bin/displaycode?section=evid&group=01001-02000&file=1037-1037.8 CA Codes (evid:1037-1037.8)]</ref>

===Welfare documents===
Statutes governing the disclosure of information contained in welfare records exist in many jurisdictions. The rationale for the existence of these regulations is to encourage full and frank disclosure by the welfare recipient of his situation and the protection of the recipient from the embarrassment likely to result from the disclosure of information contained in such records.<ref>54 ALR 3rd 768, § 24</ref> In some states, records can be disclosed at the discretion of the state director of welfare. In general, welfare records are not public records, and should not be considered to be such. Disclosure of information is usually limited to purposes directly connected with the administration of welfare benefits. The investigation of costs of welfare programs have been held to be sufficiently related to the matters in question to justify disclosure. Statutes designed to limit welfare record availability are generally held by the courts to be not immune from the power of ''subpoena duces tecum''.
Certain state laws limit the availability of information that can be obtained from the subpoena of such documents. These are always subject to a court challenge, on a case-by-case basis. Welfare recipients are generally allowed access to their files, by ''subpoena duces tecum''. Death of a welfare recipient is considered in some states to be sufficient reason to remove the reason for confidentiality. Some states have passed so-called "Right to Know" statutes, which would make welfare recipients and the information available to the public. These, along with common law, and state and federal constitutions guaranteeing freedom of the press do not give newspapers (or other news media) the right to access the names of persons on welfare, or the amounts they receive.<ref>79 Am Jur 2nd, "Welfare", § 50</ref>

===Documents in bankruptcy proceeding===
An entity (person or a corporation) may be compelled to produce documentary evidence in accordance with the subpoena powers of [[Federal Rule of Civil Procedure]] 45 as applied by Bankruptcy Rule 9016. The [[United States Bankruptcy Court]] has powers to compel production of documents from a non-debtor corporation or person concerning transactions involving the debtor corporation or person. Production of documents can be challenged as being burdensome. Assets diverted to outside corporations or bank accounts/stock portfolios and such other assets as land holdings lie within the power to compel production under ''subpoena duces tecum''. Federal law recognizes no accountant-client privilege. A ''subpoena duce tecum'' served pursuant to Bankruptcy Rule 2004 is not a violation of accountant-client privilege. 11 [[United States Code]] section 107 (a) provides that papers filed in cases under the [[Bankruptcy in the United States|Bankruptcy Code]] and dockets of the Bankruptcy Courts are public records and are to be open to examination at reasonable times without charge.<ref>9 Am Jur 2nd "Bankruptcy", sections 828–829</ref>

===Documents relating to Federal Trade Commission hearings in monopoly actions===
Whenever the [[Federal Trade Commission]] (FTC) has reason to believe that any person has violated 15 USC section 13, 14, 18 or 19, it must issue and serve on that person and on the [[Attorney General of the United States]], a complaint stating its charges in that regard. The notice shall also give a date for a hearing in the matter. Delivery of the ''subpoena duces tecum'' for production of documents may be done in person, or by certified letter. Receipt of the letter is considered proof of service.<ref>54 Am Jur 2nd "Monopolies", § 394</ref>

Power to issue subpoenas is extended to [[Robinson–Patman Act]] cases of price-fixing and [[Clayton Act]] cases of unlawful acquisition.<ref>54 Am Jur 2nd "Monopolies", §§ 398–399</ref>

A Federal District Court lacks jurisdiction to enjoin the [[Federal Trade Commission]] from proceeding in an investigation. It cannot stay (stop) a ''subpoena duces tecum'' to produce documents in the investigative stage. An injunction by a federal court does not have the power to restrain the FTC from enforcing an order requiring corporations to furnish reports and documents un 15 USC § 49. The only relief available to stop a demand for documents is to seek an [[action of compliance in mandamus]] by the Attorney General of the United States, or under 15 USC § 50 to enforce fines and forfeitures.<ref>54 Am Jur 2nd "Monopolies", § 862</ref>

If the FTC institutes an adjudicative proceeding (a hearing), the person who originated the matter by complaining to the FTC is not a party to the action and does not have any control over it. The FTC may allow the complaining person to participate in the proceeding by virtue of 15 USC, section 45. This allows participation for good cause, either by counsel (lawyer) or in person. You cannot intervene in an FTC hearing, except by demonstrating that substantial issues of law or fact would not be properly raised and argued—and that these issues are important and immediate enough to warrant additional expenditure of FTC resources. This involvement can be enhanced by ''subpoena duces tecum''.

Pre-hearing conferences are the norm. These are useful in:
* Clarifying or simplifying issues
* Amending pleadings
* Entering [[stipulations]], admissions of fact, and contents and authenticity of documents
* Expediting discovery and presentation of evidence, including restriction of witnesses
* Matters subject to official notice that may be resolved by further production of documents related to the case
In general, pre-hearing conferences are not public.<ref>55 Am Jur 2nd, § 836</ref> The FTC is not restricted by a rigid rule of evidence.<ref>55 Am Jur 2nd, § 840</ref>

===Documents in execution proceedings===
Discovery can be authorized for the production of documents for both pre-trial and post-trial actions. Most states either follow, or have modeled their procedures after, the [[Federal Rules of Civil Procedure]] Rule 69(a).

Judgment creditors (those who have received a favorable court ruling for monetary damages) are permitted to ask questions about a debtor's residence; recent employment history; business relationships, including partners, co-shareholders, co-officers, co-directors; the contents of a will; transfers of property; and the identity of persons who either owed a debt to the judgment debtor, or received things of value from the debtor. Information in bank accounts can also be the subject of a ''subpoena duces tecum''.<ref>General case law is reviewed in 30 Am Jur 2nd "Executions, Etc.", §§ 720 and 714</ref>

In federal court proceedings concerning judgment debtors, the inquiry is usually limited to the discovery of assets. In international cases, being tried in [[United States Federal Courts]], the application of the [[Hague Service Convention]] is utilized where appropriate.<ref>20 Am Jur 2nd "Executions, Etc."</ref>

===Medical records===

====Administrative law====
Disabled persons under the age of 65 years can be eligible for disability benefits under [[Social Security Act|Social Security]] Titles II and XVI.<ref>70 A Am Jur 2nd "Social Security and Medicare", sections 468 et seq</ref>

The seminal case in Social Security law is [[Richardson v. Perales]], a Supreme Court decision from 1971. The court directed that medical reports put forth by a treating physician in Social Security hearings should be accepted as evidence, despite the [[hearsay]] nature of the medical records. These should be accepted, even if [[cross-examination]] is not available. The claimant has the right to subpoena the treating physician. In cases of conflicting medical evidence, it is not unconstitutional for the hearing officer to obtain independent medical advice to help resolve the physical questions involved. Under the [[Administrative Procedure Act (United States)|Administrative Procedure Act]], hearsay in the form of medical records are admissible up to the point of relevancy.<ref>Richardson v. Perales, US Supreme Court, 1971</ref>

Several federal agencies have adopted [[Jencks Act]] rules. Although the Jencks Act applies only to government agents or employees who testify in criminal cases, making these witnesses and relevant documents available for cross-examination after testimony, it has been applied in administrative law cases in the interests of justice and fair play.<ref>Fairback v. Hardin, 9th Circuit</ref> The party of record must make an official request to the hearing officer to have Jencks rules followed.<ref>2 Am Jur 2nd "Administrative Law", section 329</ref> Some agency rules such as [[National Labor Relations Board]] automatically follow [[Jencks Act]] requirements.<ref>Am. Jur. 2nd, "Administrative Law", § 329</ref>

====Medical malpractice actions====
In a case of alleged negligence by a physician, written summaries of the case by physicians provided to the insurance carrier or other parties can be the subject of a ''subpoena duces tecum'', if, in the opinion of the court, they are relevant to the [[plaintiff]]'s case. Claims that these statements are "work product" will generally fail.<ref>Butler v. Doyle, Arizona</ref>

Medical records form the core of any medical malpractice case.<ref>61 Am Jur 2nd "Physicians, Surgeons, Etc"</ref> Actions for malpractice are controlled by the general rules of evidence in civil procedure.<ref>29A Am Jur 2nd "Evidence", §§ 29–30</ref> A malpractice action necessarily involves the question of requisite care and skill applied in a medical case. With the exception of [[res ipsa loquitur]] cases, medical opinion about the care is essential. This involves the necessity to obtain a ''subpoena duces tecum'' for medical records.<ref>61 Am Jur 2nd "Physicians, Surgeons, Etc.", §§ 200–377</ref><ref>Sharpe Fiscina and Head, "Law and Medicine"</ref><ref>"Pegalis and Wachsman "American Law of Medical Malpractice"</ref>

Admission of "learned treatises" (published books and medical articles) at trial varies from jurisdiction to jurisdiction. Some require that the expert admit it is an authoritative reference.<ref>Federal Rules of Evidence, Rule 803</ref><ref>64 ALR Fed 971</ref> Others will allow admission of learned treatises by judicial notice.<ref>Am Jur 2nd "Evidence" § 1416, 1417</ref><ref>Fed Rules of Evidence § 195, 258</ref>

====Experts and opinion evidence====
In [[tort]] actions for recovery of damages, it is necessary for the introduction of medical records to establish a basis for the claimed loss. An injured plaintiff is entitled to recover the expenses necessary to cure or treat injuries.<ref>128 ALR 682</ref><ref>66 ALR 1186</ref><ref>151 ALR 475</ref><ref>10 ALR 1152</ref><ref>2 ALR 3rd 286</ref><ref>90 ALR 2nd 1323</ref><ref>76 ALR 2nd 946</ref> Courts frequently call upon expert testimony to interpret and advise, after examining medical records concerning the nature of injuries, future medical, disability and other issues before the court.<ref>Stein, J., "Damages and Recovery"</ref><ref>Sharpe, Fiscina and Head, "Law and Medicine"</ref><ref>Pegalis and Wachsman, "American Law of Malpractice"</ref><ref>31 A Am Jur 2nd "Expert and Opinion Evidence", §§ 129–277</ref>

====Worker's Compensation actions====
Medical records introduced as evidence are crucial in determining both causation and impairment in worker's compensation cases. In cases where the evidence is contested, medical evidence in the form of records, opinions, affidavits and testimony concerning both fact and opinion is necessary. When oral testimony is taken from physicians, the usual standard is to state an opinion "within a reasonable degree of medical certainty".<ref>Malone, Plant and Little, "Worker's Compensation and Employment Rights", pp. 288–291</ref><ref>21 ALR 3rd 912</ref> Worker's compensation laws are dictated by state statute or [[Federal Employers Liability Act]].<ref>Malone, Platt and Little, p. 879 et seq</ref> In many states, the employer has the right to demand an independent examination and can also direct treatment be carried out by certain physicians.<ref>82 Am Jur 2nd "Workers' Compensation", §§ 504 et seq</ref>

====Mandatory reporting of child abuse====
In the landmark 1976 California case of ''[[Landeros v. Flood]]'',<ref>17 Cal 3d, 399, 131 Cal rptr 69, 551 P2d, 389</ref> the California Supreme Court remanded a case to the trial court for action in tort against a treating physician for failure to report suspected child abuse.<ref name="97 ALR 3rd 324">97 ALR 3rd 324</ref><ref name="Sharpe, Fiscina and Head, p. 48">Sharpe, Fiscina and Head, p. 48</ref> The theory at trial was that the plaintiff, a child of about 12 months of age, had been returned to a home where further physical abuse occurred, causing more damages. This was because the physician had failed to report the abuse in violation of California law.<ref name="97 ALR 3rd 324"/> After this case, all states instituted mandatory reporting by physicians and other medical personnel of any suspected child abuse or neglect cases. In general, reporting in good faith shields the physician or health care worker from tort liability. Reporting to police or social services necessitates obtaining medical records by ''subpoena duces tecum''. This case, and legislation that followed it were in response to several articles that appeared in the medical literature that defined ''[[battered child syndrome]]'' and ''[[child abuse syndrome]]''.<ref>See: Caffey, Kempe references</ref>

The 1962 [[Social Security (United States)|Social Security]] Amendments<ref>Pub. L. No. 87-543</ref> require each state to make child welfare services available throughout the state to all children and provide coordination between child welfare services (Title IV-B) and social services provided under the [[Aid to Families with Dependent Children]] Act (ADC, later known as AFDC; now called Title XX) Determinations in these cases frequently require production of medical records.

In 1972, Congressional hearings began on child abuse and neglect. In response, Congress passed the [[Child Abuse Prevention and Treatment Act]],<ref>Pub. L. No. 93-247</ref> which defined abuse as "physical or mental injury, negligent treatment, or maltreatment of a child under the age of 18 by a person who is responsible for the child's welfare under circumstances which would indicate that the child's health or welfare is harmed or threatened thereby". The legislation created the [[National Center on Child Abuse and Neglect]] as an information clearinghouse.

The [[Child Abuse Prevention and Treatment Act]] of 1974 ({{usc|42|5101}} – {{usc|42|5106}}) defined "child abuse and neglect" as "physical or mental injury, sexual abuse, negligent treatment, or maltreatment of a child under the age of eighteen by a person responsible for the child's welfare under circumstances which indicate that the child's health or welfare is harmed or threatened thereby."<ref name="Proofof">3 Proof of Facts, p. 265 et seq</ref>

The [[Child Abuse Prevention and Treatment Act]] of 1988<ref>Pub. L. No. 100-294</ref> when enacted, expanded the definition of abuse. Sexual crimes were specifically identified in [[Sex Crimes Against Children Act]] of 1995<ref>Pub. L. No. 104-71</ref> These laws have made child abuse a federal crime, and routinely mandate production of medical records.<ref name="Sharpe, Fiscina and Head, p. 48"/><ref name="Proofof" /><ref>2 Proof of Facts 2nd 365 et seq</ref><ref>''Landeros v. Flood'': 97 ALR 3rd 324</ref><ref>6 Proof of Facts 2nd p. 345 et seq</ref><ref name="22 ALR 4th 774">22 ALR 4th 774</ref><ref>16 A Am Jur 2nd "Constitutional Law" § 738</ref><ref>49 ALR Fed 674</ref>

====Mandatory reporting of wounds and injuries====
Physician-patient privilege is defined and limited by statute. Many jurisdictions have mandatory reporting laws requiring treating physicians or other medical personnel to report any suspicious injury to police or other appropriate authorities. These requirements may be imposed by statute, ordinance or regulation. Some of these may be limited to wounds typically inflicted by gun or knife. There may be similar reporting requirements in cases of domestic violence. These statutes have been generally upheld to constitutional challenges. Reporting of such cases usually voids any challenge to ''subpoena duces tecum'' of the medical records by police or state authorities.<ref>85 ALR 3rd 1196</ref>

====Peer review records in medical licensing and hospital credential actions====
The issue of removal of a doctor from a hospital staff, or revoking or limiting a license to practice medicine usually involve various state and federal immunities. The [[Healthcare Quality Improvement Act]] (HCQIA) of 1986 granted doctors sitting on peer review committees immunity from ''subpoena duces tecum'', or liability for the revocation of hospital privileges of other doctors. The matters of peer review cannot, in the normal course of events, be the subject of a ''subpoena duces tecum''. This has led to claims that powerful doctors can abuse the process to punish other doctors for reasons unrelated to medical issues (termed "[[sham peer review]]").

The American Medical Association conducted a probe of the sham peer review issue and found that no pervasive problem exists. Allegations of sham peer review are easy to make (for example, by doctors whose medical mistakes have made them targets of peer review), but actual infractions are rare.<ref name="AMA">[http://www.ama-assn.org/ama1/pub/upload/mm/471/bot24.doc "Inappropriate Peer Review. Report of the Board of Trustees of the American Medical Association."]</ref> Opponents of peer review counter that the sparcity of successful challenges is indicative of how widespread the problem is and how difficult these actions are to win.

==See also==
{{div col|colwidth=22em}}
* [[Administrative Procedure Act (United States)]]
* [[Bankruptcy in the United States]]
* [[Documentary evidence]]
* [[Physician–patient privilege]]
*[[Uniform Law to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings]]
{{div col end}}

==References==

===Notes===
{{Reflist|2}}

===Sources===
* 11 USCS section 107 (a)
* Federal Rule 27 (a) (3)
* FRCP 30 (b) (5)
* FRCP 34
* FRCP 69 (a)
* Caffey, "Multiple Fractures in the Long Bones of Infants Suffering from Chronic Subdural Hematoma", 56 Am. J. Roentgen 163 (1946)
* Caffey, "Some Traumatic Lesions in Growing Bones Other Than Fractures and Dislocation – Clinical and Radiological Features", 30 Br. J. Radiol. 225, 1957
* Kempe, "The Battered Child Syndrome", Journal of the American Medical Syndrome", 181, July 7, 1962
* Malone, Plant and Little, "Worker's Compensation and Employment Rights", West, 1980
* Pegalis, S. and Wachsman, H., "American Law of Medical Malpractice", Lawyers Cooperative, Bancroft Whitney, 1980
* Sharpe, D., Fiscina, S. and Head, M., "Law and Medicine" West, 1978
* Stein, J., "Damages and Recovery, Personal Injury and Death Actions", Lawyers Cooperative, Bancroft Whitney, 1972

====American jurisprudence====

* 2 Am Jur 2nd "Administrative Law", section 328 (Jencks Act)
* 9 Am Jur 2nd "Bankruptcy", section 829, 828–829
* 16 A Am Jur 2nd "Constitutional Law", section 738
* 17 Am Jur 2nd "Continuance", sections 20, 81
* 21 A Am Jur 2nd "Criminal Law", section 666 et seq; 876 et seq
* 23 Am Jur 2nd "Depositions and Discovery", sections 126–127
* 29 A Am Jur 2nd "Evidence", sections 1416–1420
* 30 Am Jur 2nd "Executions, Etc.", sections 720, 714, 722
* 31 A Am Jur 2nd "Expert and Opinion Evidence" sections 127–277
* 36 Am Jur 2nd "Foreign Corporations" sections 4–45
* 39 Am Jur 2nd "Habeas Corpus", section 97
* 52 Am Jur 2nd "Mandamus", section 314, 367
* 54 Am Jur 2nd "Monopolies", sections 394, 398–399, 836, 840, 862
* 61 Am Jur 2nd "Physicians, Surgeons, Etc." sections 200–377
* 70 A Am Jur 2nd "Social Security and Medicare", sections 468 et seq
* 75 AM Jur 2nd "Trial", sections 205–216
* 79 Am Jur 2nd "Welfare", section 50
* 81 Am Jur 2nd "Witnesses", section 79, 172 et seq
* 82 Am Jur 2nd "Worker's Compensation", sections 504 et seq

====American law reports====

* 48 ALR Fed 259
* 49 ALR Fed 674
* 64 ALR Fed 971 (learned treatises)
* 10 ALR 1152
* 41 ALR 433 (mandamus)
* 49 ALR 732
* 77 ALR 1490
* 112 ALR 438 (mandamus)
* 120 ALR 1103
* 128 ALR 682
* 151 ALR 475
* 76 ALR 2nd 946
* 88 ALR 2nd 650
* 90 ALR 2nd 1323
* 2 ALR 3rd 286
* 9 ALR 3rd 1413
* 14 ALR 3rd 594
* 21 ALR 3rd 912 (workers' comp discovery)
* 44 ALR 3rd 24
* 55 ALR 3rd 1322
* 59 ALR 3rd 441
* 61 ALR 3rd 1297
* 81 ALR 3rd 1297 section 3 (b), 8 (a), 9(a)
* 85 ALR 3rd 1196 (mandatory reporting of suspicious wounds)
* 97 ALR 3rd 324 (Landeros v. Flood)
* 1 ALR 4th 1124
* 22 ALR 4th 774

====Proof of facts====

* 2 Proof of Facts 2nd 365 et seq (child abuse)
* 3 Proof of Facts 2nd 265 et seq (child abuse)
* 6 Proof of Facts 2nd 345 et seq (child abuse)

====Case law citation====

* Barron v. Florida Freedom Newspapers Inc., (Fla) 531 So 2nd 113, 13 FLW 497, 15 Media LR 1901
* Barsky v. Board of Regents, Supreme Court of the United States, 1954, 347, US 442, 74 S. Ct. 650, 98 L. Ed. 829
* Butler v. Doyle, Supreme Court of Arizona, 112 Ariz. 522, 544 P. 2nd 204
* Colorado State Board of Medical Examiners v. District Court, 191 Colo. –, 551, P. 2nd 194 (1976)
* Continental Oil Co. v. United States (Ca 9 Ariz) 330 F 2nd 347 reprinted in 9 ALR 3rd 1413
* Ex Parte Clarke, 126 Cal, 235, 58 P 546
* Fairbank v. hardin (CA 9) 429, F2d 264, cert edn 400 US 943, 27 L Ed 2nd 247, 91 S. Ct. 244
* Globe Newspaper Co. v. Superior Court of County of Norfolk, 457 US 596, 73 L ED 2nd 248, 102 S. Ct. 2613, 8 Media LR 1689
* In Re Parsons, 150 US 150, 37, 1, L Ed 1034, 14 US Supreme Court, 50
* International Harvester Co. v. Eaton Circuit Judge, 163 Mich 5, 127 NW 695
* Jencks v. United States, 355, US 657 (1957)
* Klinge v. Lutheran Charites Ass'n, United States Court of Appeals for the Eighth Circuit, 1975, 523 F. 2nd 56
* Landeros v. Flood 17 Cal. 3rd 399, 131, Cal. Reporter, 69, 551 P.2nd 389
* Matchett v. Superior Court, 40 Cal. App. 3rd, 623, 115 Cal. Reporter 317 (1974)
* Oxnard Publishing Co. v. Superior Court of Ventura County (Cal App) 68 Cal Reporter 83
* Perales v. Richardson 91 A SCR 1420, 1971
* Press-Enterprise Co. v. Superior Court of California, 478 US 1, 92 L Ed 2nd 1, 106 S. Ct. 2735, 13 Media LR 1001
* Re Iowa Freedom of Information Council (CA Iowa) 724 F 2nd 658, 10 Media LR 1120;
* Rosenthal v. Dickerman, 98 Mich 208, 57, NW 112
* Smith v. Superior Court of San Joaquin County, 189 Cal.App.2d 6; 1 Cal Reporter reprinted in 88 ALR 2nd 650

{{Authority control}}

{{DEFAULTSORT:Subpoena Duces Tecum}}
[[Category:Court orders]]
[[Category:Evidence]]
[[Category:Writs]]
[[Category:Legal documents with Latin names]]

University of Trento

2025-05-26T04:34:02Z

71.167.53.199: /* Honorary professors */

{{Short description|Public university in Trento, Italy}}
{{Infobox university
| name = University of Trento
| native_name = Università degli Studi di Trento
| image_size = 200px
| image_alt =
| caption =
| motto = Athesina Studiorum Universitas <ref>{{cite web |title=New logo of the University of Trento revealed |url=https://webmagazine.unitn.it/en/news/ateneo/67765/new-logo-of-the-university-of-trento-revealed |publisher=University of Trento |access-date=11 August 2024 |language=en |date=24 September 2019}}</ref>
| established = 1962
| type = [[Public university]]
| rector = Flavio Deflorian
| president = Daniele Finocchiaro
| students = 16,410 <ref>{{citation|title=About the University|url=https://www.unitn.it/en/ateneo/151/university|access-date=July 7, 2023}}</ref>
| city = [[Trento]], [[Rovereto]] and [[San Michele all'Adige]]
| country = Italy
| coor = {{coord|46.0694|11.1211|display=inline,title|type:edu}}
| campus = Urban
| colors = Red
| other_name = UniTn, UniTrento
| former_names = Istituto Universitario Superiore di Scienze Sociali
| academic_affiliations = [[European University Association|EUA]], [[Top Industrial Managers for Europe|T.I.M.E.]]
| website = [https://www.unitn.it/en www.unitn.it]
| logo = University of Trento logo.jpg
| image =
| faculty = 824
}}

The '''University of Trento''' (Italian: ''Università degli Studi di Trento'') is an [[Italian university]] located in [[Trento]] and nearby [[Rovereto]]. It has been able to achieve considerable results in [[didactics]], [[research]], and [[international relations]]<ref>{{cite web|url=http://international.unitn.it/the-university/general-ranking|title=Censis general ranking|publisher=International.unitn.it|access-date=14 January 2011|url-status=dead|archive-url=https://web.archive.org/web/20110722063830/http://international.unitn.it/the-university/general-ranking|archive-date=22 July 2011}}</ref> according to CENSIS (Centro Studi Investimenti Sociali) and the [[Italian Ministry of Education]].<ref>{{cite web|url=http://www.corriere.it/cronache/09_luglio_24/cdm_universita_a004e10e-7836-11de-96fb-00144f02aabc.shtml|title=Università, più fondi alle migliori Tagli per 27 atenei "sotto gli standard"|publisher=Corriere.it|access-date=14 January 2011}}</ref>

==History==
The University of Trento was founded in 1962 as a Higher University Institute for Social Sciences.<ref>[http://www.topuniversities.com/institution/university-trento University of Trento] {{webarchive|url=https://web.archive.org/web/20110125111411/http://www.topuniversities.com/institution/university-trento |date=2011-01-25 }}. Topuniversities. Retrieved on 2011-02-23.</ref> It then became the first Faculty of Sociology in Italy. The impact on the city was quite contradictory: the university was seen both as a motivating force for cultural openness and the creation of a new leading class, but also as a fracturing element of protest.<ref>[http://www.vivoscuola.it/us/luisa.bortolotti/09_storia_147_161.pdf Breve Storia dell’Università a Trento] {{Webarchive|url=https://web.archive.org/web/20110719141430/http://www.vivoscuola.it/us/luisa.bortolotti/09_storia_147_161.pdf |date=2011-07-19 }} by Paolo Rauzi, vivoscuola.it; accessed 30 March 2014.</ref>

In order to expand the educational opportunities of the University of Trento, in 1972 the Faculty of Science was founded and in 1973 so was the Faculty of Economics. The academic project was expanded in 1984 with the Faculties of Arts and Humanities and Law and in 1985 with the Faculty of Engineering. In 2004 the Faculty of Cognitive Sciences was founded. In 2017 there was the addition of the C3A, Center Agriculture, Food and Environment, with the collaboration of the University of Trento and the [[Edmund Mach Foundation]].<ref>{{Cite web |title=The History of C3A {{!}} C3A - Agriculture, Food and Environment |url=https://www.centro3a.unitn.it/en/485/the-history-of-c3a |access-date=2022-07-27 |website=www.centro3a.unitn.it}}</ref>

==Departments and centres==
===Departments===
*Cellular, Computational and Integrative Biology - CIBIO
*[[Civil engineering|Civil]], [[Environmental engineering|Environmental]] and [[Mechanical engineering]]
*[[Economics]] and [[Management]]
* Faculty of [[Law]]
*[[Humanities]]
*[[Industrial engineering]]
*[[Information engineering]] and [[Computer science]]
*[[Mathematics]]
*[[Physics]]
*[[Psychology]] and [[Cognitive science]]
*[[Sociology]] and [[Social research]]

===Centres===
* C3A - Centre for Agriculture, Food and Environment <ref>{{Cite web|url=https://www.centro3a.unitn.it/|title=C3A - Centro Agricoltura, alimenti, ambiente ||website=www.centro3a.unitn.it}}</ref>
* CIMEC – Centre for Mind/Brain Sciences
* CIRM – International Center for Mathematical Research
* SSI – School of International Studies
The didactic and scientific activities are concentrated around three main "areas": the '''city area''', with the Departments of Economics and Management, Sociology and Social research, Humanities, the Faculty of Law and the School of International Studies; the '''hill area''', with the Departments of Civil, Environmental and Mechanical Engineering, Information Engineering and Computer Science, Industrial Engineering, Mathematics, Physics and CIBIO - Centre for Integrative Biology; the Department of Psychology and Cognitive Science and CIMeC - Centre for Mind/Brain Sciences in '''[[Rovereto]]'''.

==Doctoral schools==
{{Div col}}
* Biomolecular Sciences
* Cognitive and Brain Sciences
* Comparative and European legal studies
* Economics and Management (within the School in Social Sciences)
* Engineering of Civil and Mechanical Structural Systems
* Environmental engineering
* Humanities
* [[Information and communications technology|Information and Communication Technology]]
* International Studies
* Local Development and Global Dynamics (within the School in Social Sciences)
* Materials, Mechatronics and Systems Engineering
* [[Mathematics]]
* Physics
* Psychological Sciences and Education
* Sociology and Social Research (within the School in Social Sciences)
* Space Science and Technology (national doctorate program)
{{div col end}}

==Internationalization==
[[File:University_of_Trento_Engineering_Building.jpg|thumb|387x387px|Department of Engineering]]
Special importance has been given to the International dimension of the university ever since its first years. The university has focused on the development of strategic international alliances in the view of complementarity.

The university has partnerships with prestigious universities and research centers all over the world and is part of important cooperation networks (for instance [[Top Industrial Managers for Europe|Consorzio Time]],<ref>[https://www.time-association.org/members/detailsMember?uni_id=34 T.I.M.E. – Top Industrial Managers for Europe] {{Webarchive|url=https://web.archive.org/web/20110719044422/https://www.time-association.org/members/detailsMember?uni_id=34 |date=2011-07-19 }}. Time-association.org. Retrieved on 2011-02-23.</ref> Asea-Uninet GE4).<ref>[http://www.uibk.ac.at/asea-uninet Uibk.ac.at]; retrieved 23 January 2011.</ref>

Aside from the [[Erasmus programme|LLP-Erasmus project]], since 1997 the university has also supported double degree agreements. The most recent one is the double degree in Civil Engineering with the University of Tongi China (May 2008): students can achieve a Master in Civil Engineering and the two year Master course in Civil Engineering in Trento. The university is part of the [[Erasmus Mundus]] programme and the [[Erasmus Programme|Erasmus]] Mundus External cooperation window (now called action 2 of Erasmus Mundus II). {{Citation needed|date=July 2013}}

The university has a number of bilateral agreements with universities in Asia, America, the Middle East and Oceania.<ref>[https://archive.today/20120914141106/http://www.unitn.it/node/7947 Accordi Bilaterali], unitn.it; retrieved 23 February 2011.</ref> There is collaboration for development co-operation with African and Latin American universities. Foreign Tenured scholars and Visiting professors are 10% of the total number of professors. Collaboration with Germany brought Trento to the Italian seat of the Italian-German University, an institution that deals with coordination for advanced training and research between Italian and German universities.<ref>[http://www.ateneoitalotedesco.org/page.asp?pag=1126 Information in English] {{Webarchive|url=https://web.archive.org/web/20110725022126/http://www.ateneoitalotedesco.org/page.asp?pag=1126 |date=2011-07-25 }}, ateneoitalotedesco.org; retrieved 23 February 2011.</ref>

==Reputation and rankings==
{{Infobox university rankings
| ARWU_W = | ARWU_W_year = | ARWU_W_ref = <ref>[Academic Ranking of World Universities 2019 http://www.shanghairanking.com/ARWU2019.html {{Webarchive|url=https://web.archive.org/web/20190815195442/http://www.shanghairanking.com/ARWU2019.html |date=2019-08-15 }}]</ref>
| THE_W = 198 | THE_W_year = | THE_W_ref = <ref>{{Cite web|url=https://www.timeshighereducation.com/world-university-rankings/2016/world-ranking#!/page/0/length/25/name/University%of%Trento/sort_by/rank/sort_order/asc/cols/stats|title = World University Rankings|date = 30 September 2015}}</ref>
| THE_W_Young = 37 | THE_W_Young_year = | THE_W_Young_ref = <ref>{{cite magazine|url=https://www.timeshighereducation.com/world-university-rankings/2012/young-university-rankings#!/page/0/length/25/sort_by/rank/sort_order/asc/cols/stats|title=Young University Rankings 2012|magazine=Times Higher Education|access-date=2019-07-06}}</ref>
| QS_W = | QS_W_year = | QS_W_ref = <ref>{{Cite web|url=https://www.topuniversities.com/universities/university-trento/undergrad|title = University of Trento}}</ref>
}}
[[File:Law_department.jpg|thumb|315x315px|Department of Law, designed by Swiss architect [[Mario Botta]]]]
In 2012, the University of Trento celebrated its first 50 years: a tradition that brings it to be acknowledged as one of the leading universities in Italy, as indicated by several national rankings: the quality of the University of Trento was confirmed by the first national evaluation carried out by [[MIUR]] (The Ministry of Education, Universities and Research) and published in the summer of 2009. The University of Trento, according to the ministerial criteria, proved to have reached the best national standards for the quality of its research and teaching. With this result the university earned the title of “the most virtuous university in Italy”.

The 2013 Report by [https://rio.jrc.ec.europa.eu/en/organisations/national-agency-evaluation-university-and-research-system-anvur ANVUR] (Italian National Agency for the Evaluation of the university system) UniTrento ranks first in the category of scientific production of medium-sized universities.

In the yearly [[CENSIS italy|CENSIS]] results, made in junction with the Grande Guida, and published by La Repubblica, the University of Trento is always in the very first positions. In the last edition (2015-2016) it is confirmed the second place in the mid-size universities (between 10 and 20 thousand students), an improvement of the score from 97,8 to 99,8.

By the last [[Sole 24 Ore ranking]] of the best Italian State Universities, the University of Trento is the second.

In the 2015-2016 [[Times Higher Education World University Rankings]], the University of Trento placed #198 in the world.

In the Best University Under 50 Years Old by [[Times Higher Education World University Ranking]], the University of Trento was ranked #37 in the world.

The Department of Computer Science of Trento U was ranked top 50 in Europe through [[Microsoft Academic Search|Microsoft Academic Ranking]], and was placed #92 in the world by [[Times Higher Education World University Ranking]] 2020.

University of Trento and Microsoft Research open in Trento "The Centre for Computational and Systems Biology" (COSBI). The University of Trento has been increasing the number of courses available in English in parallel with its increased internationalization. {{Citation needed|date=July 2013}}

==Services==

In collaboration with the Opera Universitaria, Trento University offers 1500 accommodations in the San Bartolameo Campus, in student residences or flats that have special agreements with the university. The university has a central library composed of different buildings (in each Faculty) where students can consult books or borrow them, study or use the internet, with long opening hours (even until midnight), open Saturday and Sunday. With the Welcome Office, the university supports International students and researchers in the administrative procedures connected with their arrival and stay in Trento (entry visa, residence permit, health insurance, accommodation, National insurance number, etc.) and gives information as regards the modalities and documentation needed to enroll. Thanks to the Opera Universitaria, the university is able to offer students grants. Starting from academic year 2008/2009, the university radically changed its university fees system, emphasizing merit and students' efforts. Those who enroll have the chance to apply for grants up to €4000. The latest project born at the University of Trento is UNI.sport,

the new university network for sports services and facilities dedicated to the students of Trento University. {{Citation needed|date=July 2013}}

==Collegio di Merito Bernardo Clesio==
The University of Trento, in collaboration with Opera Universitaria and the Bank of Trento and Rovereto, opened the "collegio" in October 2010. Every year a few highly selected undergraduate and postgraduate students are admitted to the excellence facility.
The admission process consists firstly in an evaluation of the curriculum of the student, then in a written test and, eventually, in a personal interview.
Once admitted, the students have to:
* get at least 52 CFU (equivalent to ECTS credits) per year;
* maintain a high average of their exams' marks;
* participate actively to the cultural program proposed year by year by the "collegio".
Throughout the bachelor or master period, it is furthermore required to spend at least a three-months' period abroad (taking part to an Erasmus+ project or a Bilateral Agreement for instance).
<ref>{{Cite web|url=http://web.unitn.it/en/collegiodimerito|title=Collegio Bernardo Clesio |}}</ref>

==University Library System==

The library was created in 1962 initially as a facility to support the teaching and research activities of the Istituto Superiore di Scienze Sociali (Advanced institute of social sciences) which turned into the first Faculty of Sociology in Italy, in 1972. The system then developed following the evolution of the university, in particular in 1972, with the creation of the Faculty of Sciences, in 1973, with the opening of Economics and in 1984 and 1985 with creation respectively of the Faculty of Humanities, Law and Engineering. The library has been a member of the Bibliographic Catalogue of Trentino since 1984 thus making it possible to search its contents online. Later on the Library was included in the Trentino Library System and it became a highly specialized bibliographic and cultural centre, which is accessible not only for students and teachers of the university, but also for all citizens. {{Citation needed|date=July 2013}}

The ''Biblioteca Universitaria Centrale,'' is a newly built University library, designed by Renzo Piano. The building is divided into seven floors, distributed in four annexes. Most of the books are placed on open shelves in fifteen rooms.

===Mission===
The University Library System aims at:{{Citation needed|date=July 2013}}
* acquiring, cataloguing, accessing, updating and storing the bibliographic heritage of the University of Trento
* the development library, documentary and ITC services to support teaching and research activities
* the continuous widening of technologically advanced systems to access and use the bibliographic information online
* the subscription and participation in the regional, national and international coordination bodies, with other universities, library systems, research institutes, consortia and institutes

===Contents (last update 1 January 2013)===
* No. of dissertations 1.944
* No. of volumes 448.808
* No. of magazines 2.718
* No. of paper on-going and interrupted magazines 12.078
* No. of on-going e-magazines 8.496
* No. of on-going and interrupted e-magazines 10.947
* No. of databases 130
* No. of e-books 3.589
The collections of sociology, ancient law books and Slave studies are particularly important.

==Rectors==
* 1962 – 1968 Mario Volpato
* 1968 – 1970 [[Francesco Alberoni]]
* 1970 – 1970 [[Norberto Bobbio]]
* 1970 – 1972 Guido Baglioni
* 1972 – 1978 Paolo Prodi
* 1977 – 1978 Ezio Clementel
* 1978 – 1990 Fabio Ferrari
* 1990 – 1996 Fulvio Zuelli
* 1996 – 2004 Massimo Egidi
* 2004 – 2013 Davide Bassi
* 2013 – 2014 [[Daria de Pretis]]
* 2015 − 2021 Paolo Collini
* 2021 − today Flavio Deflorian

==Honorary professors==
*[[Imrich Chlamtac]]
*[[Jean-Paul Fitoussi]]
*[[Mikhail Gorbačëv]], ex President of the Soviet Union
*[[Tenzin Gyatso]], born Lhamo Dondrub, XIV Dalai Lama
*[[Václav Klaus]], President of the Czech Republic
*[[Giorgio Napolitano]], President of the Italian Republic, awarded 11 February 2008

==Notable alumni==
*[[Francesca Gino]], Italian-American behavioral scientist

==Honorary degrees==
{| style="width:100%;"
|-
| style="text-align:center;"|
{| class="wikitable"
|-
! Awarded to !! Degree!! Awarded on
|-
| John Cole || Anthropology ||| 14.10.2002
|-
| Reinhard Elze || Law ||| 08.03.1995
|-
| [[Rudolf B. Schlesinger]] || Law ||| 08.03.1995
|-
| Monsignor Iginio Rogger || Law ||| 12.04.2006
|-
| [[Rory Byrne]] || Materials Engineering ||| 05.05.2005
|-
| [[Andrea Zanzotto]] || Arts and Humanities ||| 21.11.1995
|-
| Paul Charles Cristophe Claval || Arts and Humanities ||| 08.03.1995
|-
| [[Giulio Einaudi]] || Arts and Humanities ||| 11.12.1997
|-
| [[Jean Rousset]] || Foreign languages and Literature ||| 21.11.1995
|-
| Carlo Alberto Mastrelli || Foreign languages and Literature ||| 11.12.1997
|-
| [[Isabel Allende]] || Modern European-American Languages and Literature ||| 15.05.2007
|-
| [[Daniel Kahnemann]] || Psychology and Mathematics ||| 14.10.2002
|-
| [[Ermanno Gorrieri]] || Sociology ||| 08.03.1999
|-
| [[Tina Anselmi]] || Sociology ||| 30.03.2004
|-
| [[Maurizio Cattelan]] || Sociology ||| 30.03.2004
|-
|[[Sergio Marchionne]]
|Mechatronics Engineering
|02.10.2017
|}
|}

==See also==

* [[List of Italian universities]]

==References==
{{reflist}}

==External links==
*[http://www.unitn.it University of Trento Website] {{in lang|it|en}}
* [https://web.archive.org/web/20110719141430/http://www.vivoscuola.it/us/luisa.bortolotti/09_storia_147_161.pdf Breve storia dell'Università di Trento] {{in lang|it}}

{{Top Industrial Managers for Europe|State=collapsed}}
{{Ita_Uni}}

{{authority control}}

{{DEFAULTSORT:Trento, University of}}
[[Category:University of Trento| ]]
[[Category:Higher education in Italy]]
[[Category:Engineering universities and colleges in Italy]]
[[Category:1962 establishments in Italy]]
[[Category:Universities and colleges established in 1962]]

Francesca

2025-05-26T04:32:28Z

71.167.53.199: /* People named Francesca */

{{about|the name "Francesca"}}
{{Original research|date=January 2024}}
{{Infobox given name
| name = Francesca
| image=
| imagesize=
| caption=
| pronunciation= {{IPAc-en|f|r|æ|n|ˈ|tʃ|ɛ|s|k|ə}} {{small|US also}} {{IPAc-en|f|r|ɑː|n|-}};<ref>{{cite LPD|3}}</ref><ref>{{cite EPD|18}}</ref> <br />{{IPA|it|franˈtʃeska|lang}}
| gender = Female
| meaning = French, Free
| region = [[Italy]]
| origin = [[Latin language|Latin]] ''franciscus, -a, -um'', meaning "from France"
| related names = [[Francesc]], [[Francesco]], and [[Francis (given name)|Francis]], and [[Frances]]
| footnotes =
|nickname=Fran, Frankie, Cesca}}

'''Francesca''' is an Italian female [[given name]], derived from the [[Latin]] male name ''[[Franciscus]]'' meaning 'the Frenchman'<ref name="Chesterton">{{Cite journal|last = Chesterton|first=Gilbert Keith|author-link=G. K. Chesterton|title=St. Francis of Assisi|journal=St. Francis of Assisi|place=[[Garden City, New York]]|publisher=Image Books|year=1924|edition=14|pages=158}}</ref> It is widely used in most [[Romance languages]], including [[Italian language|Italian]], [[French language|French]] and [[Catalan language|Catalan]],<ref>{{cite web|url=https://www.behindthename.com/name/francesca|title=Francesca|website=Behind The Name|access-date=October 31, 2024|archive-url=https://web.archive.org/web/20240307233649/https://www.behindthename.com/name/francesca|archive-date=March 7, 2024}}</ref> and place of origin is [[Italy]].<ref name="Kolatch1990" /> It is derived from the same source as the female name ''[[Frances]]'',<ref>{{Cite book |last=Hanks |first=Patrick |url=http://archive.org/details/dictionaryoffirs0000hank_l4f5 |title=A dictionary of first names|page=102|date=2006 |publisher=Oxford; New York : Oxford University Press |others=Internet Archive |isbn=978-0-19-861060-1}}</ref><ref name="Kolatch1990">{{Cite book |last=Kolatch |first=Alfred J. |url=http://archive.org/details/dictionaryoffirs00kola |title=Dictionary of first names |last2=Kolatch |first2=Alfred J.|page=366|date=1990 |publisher=New York, NY : Perigee Books |others=Internet Archive |isbn=978-0-399-51633-7}}</ref> and the male names ''[[Francesc]]'', ''[[Francesco]]'' and ''[[Francis (given name)|Francis]]''.<ref>{{cite web|url=https://babynames.com/name/Francesca|title=Francesca - Babynames|website=Babynames.com|access-date=September 25, 2024|archive-url=https://web.archive.org/web/20240518011536/https://babynames.com/name/Francesca|archive-date=May 18, 2024}}</ref>

==People named Francesca==
*[[Daniel Francesca]], Danish esports player
*[[Francesca Alderisi]], Italian television presenter and politician
*[[Francesca Allen]] (born 2002), British adaptive rower
*[[Francesca Allinson]], English author and musician
*[[Francesca Annis]], British actress
*[[Julia Barretto|Julia Francesca Barretto]], Filipino actress
*[[Francesca Battistelli]], American Christian musician
*[[Francesca Beard]], Malaysian [[performance poetry|performance poet]]
*[[Francesca Caccini]], Italian composer and singer of the early [[Baroque music|Baroque]]
*[[Francesca Anna Canfield]], American poet and translator
*[[Francesca Capaldi]], American child actress
*[[Frankie Corio]], Scottish child actress
*[[Francesca Cumani]], English racing presenter for [[ITV (TV network)|ITV]]
*[[Francesca Cuzzoni]], Italian operatic soprano
*[[Francesca da Rimini]], 13th-century Italian adulterer
*[[Francesca Dani]], Italian cosplay model
*[[Francesca Gagnon]], Canadian singer and performer for [[Cirque du Soleil]]
*[[Francesca Galli]], Italian road racing cyclist
*[[Francesca Gino]], Italian-American behavioral scientist
*[[Francesca Hayward]], English ballerina
*[[Francesca Henry]], English actress
*[[Francesca Iossi]] (born 1977), Italian bobsledder
*[[Francesca Lancellotti]], Italian layperson declared venerable
*[[Francesca Le]], American pornographic actress
*[[Francesca Lia Block]], American author of the [[Weetzie Bat]] series
*[[Francesca Lubiani]], Italian tennis player
*[[Francesca Martiradonna]], Italian basketball player
*[[Francesca Martinez]], British comedian
*[[Francesca Petitjean]], French former bodybuilder and pornographic actress
*[[Francesca Piccinini]], Italian volleyball player
*[[Francesca Salvalajo]], Italian backstroke swimmer
*[[Francesa Sarah of Safed]], 16th-century Jewish mystic
*[[Francesca Scorsese]], American actress and filmmaker
*[[Francesca Schiavone]], Italian tennis player
*[[Francesca Semoso]], Papuan politician and broadcaster from [[Autonomous Region of Bougainville|Bougainville]]
*[[Francesca Simon]], American author of the [[Horrid Henry]] series
*[[Francesca Stavrakopoulou]], British theologian and broadcaster
*[[Francesca Velicu]], Romanian ballet dancer
*[[Francesca Woodman]], American photographer
*[[Piero della Francesca]], Italian painter
*[[Francheska Yarbusova]], Russian artist

==Fictional characters==
* Francesca, a character from the Rankin/Bass classic ''[[Mad Monster Party]]''
* Francesca ("Frankie"), the eponymous main character from [[Melina Marchetta]]'s ''Saving Francesca''
* Francesca Lucchini, a character from the anime/manga series ''[[Strike Witches]]''
* Francesca, a character from the series by Lauren Kate: ''[[Fallen (Kate novel)|Fallen]]''
* Francesca or Franky, a character from ''[[Freaky Green Eyes]]''
* Francesca da Rimini or da Polenta, a character from [[Inferno (Dante)|Dante's ''Inferno'']]
* [[List of Wizards of Waverly Place characters#TV special characters|Francesca Russo]], a character from ''[[The Wizards Return: Alex vs. Alex]]''
* Francesca Caviglia, a character from ''[[Violetta (telenovela)|Violetta]]''
* Francesca Hollingsworth (Frankie), a character from the Degrassi franchise
* Francesca Danelli, a character from ''[[Bride of Re-Animator]]''
* Francesca "Cesca" Montoya, a character from ''[[Waterloo Road (TV series)|Waterloo Road]]''
* Francesca Moretti, a character from ''[[Argentina, tierra de amor y venganza]]''
* Francesca Johnson, a character from ''[[The Bridges of Madison County]]''
* Francesca Hathaway, a character from ''[[The Haunted Hathaways]]
* [[List of Community characters#recurring Characters|Francesca 'Frankie' Dart]], a character in the TV show ''[[Community (TV series)|Community]]''
* Francesca Bridgerton, a character in ''[[Bridgerton]]''
* Francesca Terwilliger, a character from ''[[The Simpsons]]''

==Translations==
*{{langx|sq|'''Françeska'''}}
*{{langx|eu|'''Frantziska'''}}
*{{langx|br|'''Franseza'''}}
*{{lang-zh|'''弗朗西斯卡'''}} (''Fúlǎngxīsīkǎ''), '''弗朗西斯''' (''Fúlǎngxīsī'') or '''弗朗切斯卡''' (''Fúlǎngqièsīkǎ'')
*{{langx|hr|'''Frančeska'''}}
*{{langx|cs|'''Františka'''}}
*{{langx|fr|'''[[Françoise]]'''}}
*{{langx|de|'''Franziska'''}}
*{{langx|el|'''Φραγκίσκη'''}} (''Frangískī'') or less originally Greek versions '''Φραντζέσκα''' (''Frantzéska'') and '''Φραντσέσκα''' (''Frantséska'')
*{{langx|hu|'''Franciska'''}}
*{{langx|is|'''Fransiska'''}}
*{{langx|id|'''Fransisca, Fransiska, Francesca, Francisca'''}}
*{{langx|it|'''Francesca'''}}
*{{langx|ja|'''フランチェスカ'''}} (''Furanchesuka'')
*{{langx|ko|'''프란체스카'''}} (''Peulancheseuka'')
*{{langx|nah|'''[[Francisca (given name)|Francisca]]'''}} (shortened ''Pancha'')
*{{langx|pl|'''[[Franciszka]]'''}}
*{{langx|pt|'''[[Francisca (given name)|Francisca]]'''}}
*{{langx|ru|Франческа}} (''Frančeska'')
*{{langx|sl|'''Frančiška'''}}
*{{langx|es|'''[[Francisca (given name)|Francisca]]'''}} (shortened ''Paca'' or ''Pancha'')
*Maltese: '''Frangiska (shortened ''Cikka'')'''

==See also==
*[[Special:Prefixindex/Francesca|List of articles starting with "Francesca"]]
*[[Hurricane Francesca (disambiguation)]]
*[[Francisca (given name)]]
*[[Anna Anderson]] (b. 1896 - d. 1984) a famous impostor whose real name was '''Franziska Schanzkowska''' who claimed to be [[Grand Duchess Anastasia Nikolaevna of Russia]] (b. 1901 - d. 1918).

{{given name}}


==References==
{{Reflist}}

[[Category:Italian feminine given names]]
[[Category:Feminine given names]]

Lakewood Ranch High School

2025-05-26T03:26:46Z

71.167.53.199: /* Notable alumni */

{{Short description|Public high school in Manatee County, Florida, United States}}
{{Use mdy dates|date=September 2024}}{{Infobox school
| name = Lakewood Ranch High School
| image =
| logo = LakewoodMustang.JPG
| logo_alt = Lakewood Ranch Mustang logo
| motto =
| address = 5500 Lakewood Ranch Blvd
| city = [[Bradenton, Florida|Bradenton]]
| state = Florida
| zipcode = 34211
| country = United States
| coordinates = {{Coord|27.44359|-82.43797|format=dms|type:edu_region:US-FL|display=inline,title}}
| pushpin_map = USA Florida
| pushpin_map_caption = Location of school in Florida
| other_names =
| former_name =
| type = [[Comprehensive high school|Comprehensive public high school]]
| established = 
| opened = {{Start date and age|1998}}
| district = [[Manatee County School District]]
| superintendent =
| ceeb = 100162
| us_nces_school_id = {{NCES School ID|120123003425|school_name=Lakewood Ranch High School|access_date=December 23, 2024|ref_name=NCES}}
| principal = Dustin Dahlquist<ref>{{cite web|title=Manatee school district announces new Lakewood Ranch High School principal|first1=Ryan|last1=Callihan|url=https://www.bradenton.com/news/local/education/article223131530.html|website=Bradenton Herald|date=December 14, 2018|accessdate=March 8, 2019}}</ref>
| teaching_staff = 101.00 {{FTE}}<ref name="NCES" />
| grades = [[Ninth grade|9]]–[[Twelfth grade|12]]
| enrollment = 2,368
| enrollment_as_of = 2023-2024<ref name="NCES" />
| ratio = 23.45<ref name="NCES" />
| colors = Silver, dark green, and black {{color box|Silver}}{{color box|DarkGreen}}{{color box|Black}}
| mascot =
| rival =
| feeder_schools = 
| website = {{URL|manateeschools.net/lakewoodranch}}
| footnotes =
}}
'''Lakewood Ranch High School''' in [[Manatee County, Florida]], [[United States]], was opened in 1998 in [[Bradenton, Florida]]. It is named after the [[planned community|master planned community]] it borders, [[Lakewood Ranch, Florida|Lakewood Ranch]].

In the 2011–2012 school year, Lakewood Ranch High School was awarded the two highest honors given by the [[Florida High School Athletic Association]]. The Mustangs placed first in the Academic Team Champions and the Floyd E. Lay Sunshine Cup, All Sports Award.<ref>{{cite news|title=Sunshine Cup All Sports Award|url=http://www.fhsaa.org/news/2012/0531}}</ref><ref>{{cite news|title=Academic Team Champions|url=http://www.fhsaa.org/departments/special-programs/academic-team-champion-awards/standings_2011-12}}</ref> Lakewood Ranch was the only public school in the State of Florida to win both awards.

==Notable alumni==

*[[Colton Gordon]] (born 1998), baseball pitcher (MLB)
*[[Lastings Milledge]], baseball player (MLB and NPB)<ref>{{cite web|last=Brockhoff|first=Chad|title=Milledge among four to sign with Lancers|url=http://www.heraldtribune.com/article/20030116/NEWS/301160535?tc=ar|publisher=[[Sarasota Herald-Tribune]]|accessdate=March 27, 2014|date=January 16, 2003}}</ref>
* [[Mike Ohlman]], baseball catcher (MLB)<ref>{{cite web|last=Pleskoff|first=Bernie|title=Ohlman worth watching as he climbs Minors ladder|url=http://mlb.mlb.com/news/article/bal/orioles-prospect-michael-ohlman-worth-watching-as-he-climbs-minors-ladder?ymd=20140122&content_id=66901214&vkey=news_bal|publisher=MLB.com|accessdate=May 3, 2014|date=January 22, 2014}}</ref>
*[[Austin Reiter]], football player (NFL)<ref>{{cite news|last1=Wilkie|first1=Donnie|title=Austin Reiter growing into the position|url=http://preps.heraldtribune.com/2012/09/11/austin-reiter-growing-into-the-position/|accessdate=November 14, 2015|work=Sarasota Herald Tribune|date=September 11, 2012}}</ref><ref>{{cite news|title=Lakewood Ranch grad Austin Reiter drafted by Washington Redskins|url=http://www.bradenton.com/sports/nfl/article34884096.html|accessdate=November 14, 2015|work=Bradenton Herald|date=May 2, 2015}}</ref>
*[[Dominique Rodgers-Cromartie]], football player (NFL)<ref>{{cite news|last1=Loveday|first1=Mike|title=Rodgers-Cromartie is a singular sensation|url=https://www.espn.com/high-school/football/story/_/id/3634960/rodgers-cromartie-singular-sensation/|access-date=August 24, 2014|publisher=ESPN.com|date=October 10, 2008}}</ref>
*[[Gus Schlosser]] (born 1988), baseball pitcher (MLB)<ref>{{cite web|last=Lembo|first=John|title=Lakewood Ranch's Gus Schlosser eyes rotation slot for Atlanta Braves|url=http://www.bradenton.com/2014/03/27/5070062/spring-training-lakewood-ranchs.html|publisher=[[Bradenton Herald]]|date=March 27, 2014|accessdate=May 3, 2014|archive-url=https://web.archive.org/web/20140503083219/http://www.bradenton.com/2014/03/27/5070062/spring-training-lakewood-ranchs.html|archive-date=May 3, 2014|url-status=dead}}</ref>
*[[Charles Trippy]], vlogger and bassist for [[We The Kings]]<ref>{{cite web|last=Springer|first=Debi|title=Funny Looking Kid stops in Tampa on Vans Warped Tour|url=http://www.heraldtribune.com/article/20020808/NEWS/208080566|publisher=Sarasota Herald-Tribune|accessdate=April 1, 2014|date=August 8, 2002}}</ref>

==References==
{{reflist}}

== External links ==
*[http://www.greatschools.net/modperl/browse_school/fl/1817 greatschools.net]
*[https://web.archive.org/web/19980614020516/http://www.manatee.k12.fl.us/ Manatee County School Board]

{{authority control}}

[[Category:Schools in Bradenton, Florida]]
[[Category:Educational institutions established in 1998]]
[[Category:High schools in Manatee County, Florida]]
[[Category:Public high schools in Florida]]
[[Category:1998 establishments in Florida]]