Epstein Secrets

ests in civil litigation. 3 EFTA00020300 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 252 Filed 04/27/21 Page 4 of 9 See United States v. Avenatti, No. (SI) I9-CR-373 (PGG), 2020 WL 86768, at *6 (S.D.N.Y. Jan. 6, 2020). But Rule 17(c) subpoenas are not tools of discovery. Nixon, 418 U.S. at 698

ally impeaching statements `ripen into evidentiary material. . . only if and when the witness testifies at trial...." (citation omitted)). See also Avenatti, 2020 WL 86768, at *6 (rejecting the argument that the defendant needed the recordings in question prior to trial in order "to demonstrate witnesses

Nixon, 418 U.S. at 701. Many courts have held that impeachment material does not become relevant until after the witness testifies. United States v. Skelos, No. 15-CR-317 (ICMW), 2018 WL 2254538, at *2 (S.D.N.Y. May 17, 2018), ), aff'd, 988 F.3d 645 (2d Cir. 2021) (collecting cases); United States v. S

in to discovery requests in civil litigation. 3 EFTA00103817 Case 1:20-cr-00330-AJN Document 252 Filed 04/27/21 Page 4 of 9 See United States v. Avenatti, No. (SI) I9-CR-373 (PGG), 2020 WL 86768, at *6 (S.D.N.Y. Jan. 6, 2020). But Rule 17(c) subpoenas are not tools of discovery. Nixon, 418 U.S. at 698

ally impeaching statements `ripen into evidentiary material. . . only if and when the witness testifies at trial...." (citation omitted)). See also Avenatti, 2020 WL 86768, at *6 (rejecting the argument that the defendant needed the recordings in question prior to trial in order "to demonstrate witnesses

Nixon, 418 U.S. at 701. Many courts have held that impeachment material does not become relevant until after the witness testifies. United States v. Skelos, No. 15-CR-317 (ICMW), 2018 WL 2254538, at *2 (S.D.N.Y. May 17, 2018), ), aff'd, 988 F.3d 645 (2d Cir. 2021) (collecting cases); United States v. S

in to discovery requests in civil litigation. 3 EFTA00104688 Case 1:20-cr-00330-AJN Document 252 Filed 04/27/21 Page 4 of 9 See United States v. Avenatti, No. (SI) I9-CR-373 (PGG), 2020 WL 86768, at *6 (S.D.N.Y. Jan. 6, 2020). But Rule 17(c) subpoenas are not tools of discovery. Nixon, 418 U.S. at 698

ally impeaching statements `ripen into evidentiary material. . . only if and when the witness testifies at trial...." (citation omitted)). See also Avenatti, 2020 WL 86768, at *6 (rejecting the argument that the defendant needed the recordings in question prior to trial in order "to demonstrate witnesses

Nixon, 418 U.S. at 701. Many courts have held that impeachment material does not become relevant until after the witness testifies. United States v. Skelos, No. 15-CR-317 (ICMW), 2018 WL 2254538, at *2 (S.D.N.Y. May 17, 2018), ), aff'd, 988 F.3d 645 (2d Cir. 2021) (collecting cases); United States v. S

in to discovery requests in civil litigation. 3 EFTA00081407 Case 1:20-cr-00330-AJN Document 252 Filed 04/27/21 Page 4 of 9 See United States v. Avenatti, No. (SI) I9-CR-373 (PGG), 2020 WL 86768, at *6 (S.D.N.Y. Jan. 6, 2020). But Rule 17(c) subpoenas are not tools of discovery. Nixon, 418 U.S. at 698

ally impeaching statements `ripen into evidentiary material. . . only if and when the witness testifies at trial...." (citation omitted)). See also Avenatti, 2020 WL 86768, at *6 (rejecting the argument that the defendant needed the recordings in question prior to trial in order "to demonstrate witnesses

Nixon, 418 U.S. at 701. Many courts have held that impeachment material does not become relevant until after the witness testifies. United States v. Skelos, No. 15-CR-317 (ICMW), 2018 WL 2254538, at *2 (S.D.N.Y. May 17, 2018), ), aff'd, 988 F.3d 645 (2d Cir. 2021) (collecting cases); United States v. S

that something useful will turn up." Barnes, 2008 WL 9359654, at *4 (alteration and internal quotation marks omitted); see, e.g., United States v. Avenatti, No. 19 Cr. 373 (PGG), 2020 WL 508682, at *4 (S.D.N.Y. Jan. 31, 2020). The defendant's request for the entire diary is likely to sweep in a signific

hey must be shown to be relevant and admissible at the time the subpoena is sought." (internal quotation marks omitted)); see also United States v. Skelos, No. 15-CR-317 (KMW), 2018 WL 2254538, at *2 (S.D.N.Y. May 17, 2018), aff'd, 988 F.3d 645 (2d Cir. 2021) ("[A] criminal subpoena should not be used

hey must be shown to be relevant and admissible at the time the subpoena is sought." (internal quotation marks omitted)); see also United States v. Skelos, No. 15-CR-317 (KMW), 2018 WL 2254538, at *2 (S.D.N.Y. May 17, 2018), aff'd, 988 F.3d 645 (2d Cir. 2021) ("[A] criminal subpoena should not be used

that something useful will turn up." Barnes, 2008 WL 9359654, at *4 (alteration and internal quotation marks omitted); see, e.g., United States v. Avenatti, No. 19 Cr. 373 (PGG), 2020 WL 508682, at *4 (S.D.N.Y. Jan. 31, 2020). The defendant's request for the entire diary is likely to sweep in a signific