Peterson v. Peterson’s Empirical Analysis

Citation profile

2 district · 14 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““RULE 34. DISCOVERY AND' PRODUCTION OF DOCUMENTS AND THINGS FOR INSPECTION, COPYING OR PHOTOGRAPHING “(a) Discovery on Court Order. In addition to the right to obtain the production of any document or thing for inspection in connection with an examination under Rule 26 or interrogatories under Rule 33, any party may move the court, subject to the provisions of Rule 30(b), for an order upon another party (1) to produce and permit the inspection and copying or photographing, by or on behalf of the moving party, of any designated documents, papers, books, accounts, letters, photographs, obj ects or tangible things, not privileged, which constitute or contain evidence relating to any of the matters within the scope of the examination permitted by Rule 26(b) and which are in his possession, custody, or control; or (2) to permit entry upon designated land or other property in his possession or control for the purpose of inspecting, measuring, surveying, or photographing the property of any designated object or operation thereon within the scope of the examination permitted by Rule 26(b); or (3) to direct any party to file a verified list of any of the foregoing items, whether undisclosed or not, which constitute or contain evidence relating to any of the matters within the scope of the examination permitted by Rule 26 (b) and which are or have been in his possession, custody, or control. Matters discovered under subdivision (3) shall be subject to a motion for an order under subdiv”

   1 later decision quote this exact passage
   e.g. Schriock v. Schriock

2. ““According to these statutes and rules, the income tax returns in question are the property of the United States, in the official custody of federal officers and employees. The plaintiff has no right to inspect, nor to obtain copies of them. The court has no power to compel the production of these records on subpoena duces tecum, or otherwise. The only means provided for the production of the copies for use in this case is the written application of the defendant therefor. The files are therefore privileged, within the meaning of SDC 36.0601. The defendant alone can waive that privilege in this case, by voluntarily making application for the copies. This he has refused to do, and he has objected to the order of the circuit court directing him to do so. If the defendant must comply with the order, his application for the copies will be made under judicial compulsion. His privilege will not in that case ^be waived, and tlie copies if so obtained would not be admissible in evidence at the trial. Discovery under those circumstances would be futile and unjust. Ragland, Discovery Before Trial, 146.” Peterson v. Peterson, 70 S.D. 385 , 17 N.W.2d 920, at 921 .”

   1 later decision quote this exact passage
   e.g. Schriock v. Schriock

3. “which constitute or contain evidence material to any matter involved in the action.”

   1 later decision quote this exact passage
   e.g. Maresca v. Marks