LAUER & LINN

In the matter of LAUER & LINN, Judge Morley of the Federal Circuit Court considered objections raised by Ms Linn and an employer to subpoenas issued by the Independent Children's Lawyer. The dispute concerned the scope and relevance of documents sought by the Independent Children's Lawyer, which Ms Linn and her employer argued were either irrelevant, an abuse of process, or overly broad.

The court was required to determine whether the documents sought by the subpoenas might materially assist in the cross-examination of witnesses and whether the subpoenas constituted an abuse of the court's process. Additionally, the court had to consider an application by the Independent Children's Lawyer for leave to issue more than five subpoenas in the proceedings.

Judge Morley reasoned that while the general principle is that subpoenas should not be used as a fishing expedition, documents that may materially assist in cross-examination are generally permissible. The court applied this principle by striking out certain paragraphs of the subpoena to Ms Linn, deeming them to be an abuse of process or irrelevant. However, the court amended other paragraphs of both subpoenas, altering dates and refining the scope of the documents sought to ensure their relevance and materiality to the proceedings, particularly concerning employment and contractual arrangements. Leave was granted for the Independent Children's Lawyer to issue more than five subpoenas.

The court made several orders, including striking out specific paragraphs from the subpoena to Ms Linn, amending dates in other paragraphs of that subpoena, and amending paragraphs of the subpoena to the employer to clarify the period and nature of employment documentation sought. Compliance with both subpoenas was adjourned to later dates.