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The person may then request the Commission (or presiding officer, if a proceeding has been established) to order disclosure.
Without constitutional protection, this stage of the criminal proceeding has been unregulated, heavily favoring prosecutors who have more power and generally more resources.
But even though Rule 57 of the Federal Rules of Civil Procedure permits declaratory relief although another adequate remedy exists, it should not be granted where a special statutory proceeding has been provided.
Our government's sole significant Russia-related legal proceeding has been a lengthy rearguard action to prevent Marina Litvinenko from getting a public inquiry into the murder of her husband.
"If they don't," he said, "then board members who are individually sued are required to pay their own defense costs upfront and then seek reimbursement from the co-op only after the proceeding has been concluded in their favor".
The doctor agreed to the consent order, Mr. Schneider said, because the medical board proceeding "has been and would continue to be a major distraction from Dr. Levine's primary mission to help individuals with serious learning difficulties and developmental problems".
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If the proceeding had been for libel, the defense of privilege might have been interposed.
This is especially so where, as here, no state proceeding had been instituted or was pending when the District Court's jurisdiction was invoked.
But Mr. Castro's lawyer, Michael C. Farkas, said afterward that the proceeding had been a formality because Mr. Castro has been cooperating with prosecutors.
Family and friends present for the proceeding had been hoping that Mr. Brunson would be freed now that his trial has finally begun.
Kevin Hamilton, a Seattle lawyer who argued against term limits before Judge Dwyer and later attended the Supreme Court arguments on the issue, said the Dwyer proceeding had been the more intellectually challenging.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com