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Full-Text Articles in Law
Civil Procedure - Disclosure Of Minutes When Grand Jury Was Used For Purpose Of Preparing For Civil Action, L. Vastine Stabler Jr.
Civil Procedure - Disclosure Of Minutes When Grand Jury Was Used For Purpose Of Preparing For Civil Action, L. Vastine Stabler Jr.
Michigan Law Review
Three weeks after the close of a grand jury investigation of charges of criminal antitrust violations, the Government filed a civil complaint against defendants based upon materials accumulated by the grand jury. Defendants obtained discovery of the grand jury transcript, but the United States Supreme Court overruled, holding that defendants, by merely showing that the Government had not requested an indictment, had not shown "good cause" for discovery under rule 34 of the Federal Rules of Civil Procedure. The Court did indicate that a use by the Government of the grand jury for the sole purpose of preparing for a …
The Civil Investigative Demand: New Fact-Finding Powers For The Antitrust Division, Richard L. Perry, William Simon
The Civil Investigative Demand: New Fact-Finding Powers For The Antitrust Division, Richard L. Perry, William Simon
Michigan Law Review
The complexity, scope and length of modem antitrust litigation bring to prominence the procedures by which evidence - particularly documentary evidence - is discovered and placed before the courts and administrative agencies. Fact-finding mechanisms now available for ferreting out and prosecuting violations make up an imposing array. These include the grand jury subpoena, the discovery provisions of the Federal Rules of Civil and Criminal Procedure and the subpoena and visitorial powers of certain administrative agencies. The "civil investigative demand," a precomplaint compulsory process, is a new weapon proposed to be added to this arsenal. Few dispute the desirability of new …