(04-11-2014 07:17 AM)CliftonAve Wrote: Nice try by the Notre Dame lawyers, but the motion will be denied unless they can convince a judge discussions with ESPN and the ACC are trade secret. Last time I looked Maryland isn't looking to find the secret receipe to KFC.
Attorneys filed the motion to quash the subpoena last month in the St. Joseph Circuit Court.
That is St. Joseph County, Indiana., the county were ND is located.
You see, a state court in North Carolina has no subpoena power beyond the North Carolina borders.
To subpoena documents from a
non-party to a lawsuit in another state, you have to issue letters rogatory to the other state court (in this case in St. Joseph County, Indiana) and have the court in that other state enforce (or not) the subpoena.
ND has a pretty good argument that the subpoena is a
fishing expedition regarding a school that is not a party to the lawsuit, was not a member of the conference until eight months after the lawsuit was filed, asks for documents readily available from public or other sources and asks for documents that seem to be unrelated or not relevant to the ACC/Maryland lawsuit.
The
broader the subpoena to a non-party, especially a private entity, the more likely a court will consider it a fishing expedition and
deny enforcement of the subpoena.