Re: DH for email (re: email protection and privacy)

[Mike Godwin <mnemonic@eff.org>]

Mike McNally writes:

> I understand this, but could I be cited for failure to produce
> evidence not known by the court to exist?

Absolutely. And it looks very, very bad for you if the court later
discovers that you were holding back.

> Is there a process that
> the court can use that says "hand over absolutely all artifacts
> pertinent to the case at hand known to *you*, whether such artifacts
> be known to the court or not." ?

Yes.

> Or is it the case that failure on my
> part to offer up such evidence is inherently contemptuous?

You're not required to go *beyond* what is specified in a subpoena.
But the subpoena's specifications can be pretty broad.



--Mike