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United States v. Sells Engineering, Inc. | |
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Argued March 2, 1983 Decided June 30, 1983 | |
Full case name | United States v. Sells Engineering, Inc. |
Docket nos. | 81-1032 |
Citations | 463 U.S. 418 ( more ) 103 S. Ct. 3133; 77 L. Ed. 2d 743 |
Argument | Oral argument |
Opinion announcement | Opinion announcement |
Holding | |
Attorneys in the Civil Division of the Justice Department and their assistants and staff may not obtain automatic (A)(i) disclosure of grand jury materials for use in a civil suit, but must instead seek a (C)(i) court order for access to such materials. | |
Court membership | |
| |
Case opinions | |
Majority | Brennan, joined by White, Marshall, Blackmun, Stevens |
Dissent | Burger, joined by Powell, Rehnquist, O'Connor |
Laws applied | |
Federal Rules of Criminal Procedure (or relevant rules of a circuit court) |
United States v. Sells Engineering, Inc., 463 U.S. 418 (1983), was a United States Supreme Court case concerning whether United States Department of Justice Civil Division attorneys were required to show particularized need in order to obtain disclosure.
The United States Department of Justice Civil Division represents the United States, its departments and agencies, members of Congress, cabinet officers, and other federal employees. Its litigation reflects the diversity of government activities, involving, for example, the defense of challenges to Presidential actions; national security issues; benefit programs; energy policies; commercial issues such as contract disputes, banking insurance, patents, fraud, and debt collection; all manner of accident and liability claims; enforcement of immigration laws; and civil and criminal violations of consumer protection laws. Each year, Division attorneys handle thousands of cases that collectively involve billions of dollars in claims and recoveries. The Division confronts significant policy issues, which often rise to constitutional dimensions, in defending and enforcing various Federal programs and actions. The Civil Division is currently led by Jody Hunt, who was confirmed to the position by the United States Senate in August 2018.
Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and depositions. Discovery can be obtained from non-parties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery.
In an opinion delivered by Justice Brennan, the Court decided in favor of Sells Engineering.
The United States Reports are the official record of the rulings, orders, case tables, in alphabetical order both by the name of the petitioner and by the name of the respondent, and other proceedings of the Supreme Court of the United States. United States Reports, once printed and bound, are the final version of court opinions and cannot be changed. Opinions of the court in each case are prepended with a headnote prepared by the Reporter of Decisions, and any concurring or dissenting opinions are published sequentially. The Court's Publication Office oversees the binding and publication of the volumes of United States Reports, although the actual printing, binding, and publication are performed by private firms under contract with the United States Government Publishing Office.
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Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974), was a case in which the Supreme Court of the United States established the standard of First Amendment protection against defamation claims brought by private individuals. The Court held that, so long as they do not impose liability without fault, states are free to establish their own standards of liability for defamatory statements made about private individuals. However, the Court also ruled that if the state standard is lower than actual malice, the standard applying to public figures, then only actual damages may be awarded.
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