Ex Parte Clarke’s Empirical Analysis

Citation profile

54 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Originally, an order for the production of a paper, document, or book was made only when the document was one declared on in the bill or set up as a defense; or where the party asking for it had an interest in the document itself—as where it was a contract between the parties, and there was only one copy of it which was in the hands of the opposite party; or where the instrument was, in the very nature of things, material evidence, as where it was alleged to have been forged or altered, and that it would on its face show the fact alleged; or where books belonged to both parties and would necessarily contain evidence of the issues pending—as in ease of a suit between partners, or generally between principal and agent or trustee and beneficiary.””

   1 later decision quote this exact passage
   e.g. 30 Cal. App. 2d 750 - Austin v. Turrentine

2. ““ . . . Nor is it enough, as is said by the court in Morrison v. Sturges , 26 How. Pr. (N. Y.) 179, ‘that the party believes or is advised that the paper contains material evidence. Facts must be shown to support it.’ ””

   1 later decision quote this exact passage
   e.g. 41 Cal. App. 2d 512 - Smith-Golden, Inc. v. Superior Court