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National Crime Victim Law Institute

New Violence Against Women Bulletin Released

September 06, 2014

We are excited to announce the release of our latest Violence Against Women Bulletin: Protecting Victims’ Privacy: Moving to Quash Pretrial Subpoenas Duces Tecum for Non-Privileged Information in Criminal Cases. Many in the field know how to protect privileged information from discovery, but what about non-privileged information?  Often for survivors disclosure of this information is just as invasive.  Despite the fact that it is common practice to subpoena such information from a victim pretrial, neither the state nor defendants have a constitutional right to this information.  By contrast, victims have rights that should result in its protection.  This Bulletin discusses the law of privacy and pretrial discovery, and provides practitioners with tools to move to quash subpoenas for victim’s information pretrial. Click here to read the Bulletin.