If the order is issued under the All Writs Act
https://assets.documentcloud.org/docume ... iPhone.pdf
(it says it is)
AND IF
the only time an All Writs Act applies is:
"The absence of alternative remedies — the All Writs Act is only applicable when other judicial tools are not available."
https://en.wikipedia.org/wiki/All_Writs_Act
and IF a tool existed such as a request for production from a non-party (F.R.C.P Rule 34) https://www.law.cornell.edu/rules/frcp/rule_34
or IF
a Subpoena (F.R.C.P. Rule 45. Subpoena) https://www.law.cornell.edu/rules/frcp/rule_45
exist to request Apple to produce a thing...
then
isn't the All Writs Act the incorrect tool?
I believe in Texas, it used to be that such a request would probably be beyond the scope of the Texas Rules of Civil Procedure/permissible discovery, as the Texas Rules of Civil Procedure do not require the production of any document not currently in existence ... I could be wrong, have not looked into this much, so probably am wrong..I do recall that point being sustained in Federal Court also, but can't recall the caselaw, been way too many years ago for my memory.
IANAL
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- by NotRPB
- Thu Feb 18, 2016 12:35 pm
- Forum: Off-Topic
- Topic: Th story behind Apple refusing to work with FBI
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