Motion to Quash Subpoenae or in the Alternative for a Protective Order

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LDF Attorneys
Cooperating Attorney
- Leslie J. Winner
Organization
- NAACP Legal and Educational Defense Fund, Inc.
Matter
- Gingles
Case
- Thornburg v. Gingles
U.S. state
- North Carolina
Collection
- Case Files
Taxonomy
Identifier
- f9996150-d992-ee11-be37-6045bdeb8873

Cite this item

Case Files, Thornburg v. Gingles Hardbacks, Briefs, and Trial Transcript. Motion to Quash Subpoenae or in the Alternative for a Protective Order, 1981. bfce9c1e-d992-ee11-be37-6045bddb811f. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/af9987d9-2dbd-4fd8-bf06-a22586c23f96/motion-to-quash-subpoenae-or-in-the-alternative-for-a-protective-order. Accessed April 06, 2025.

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    -{ FOR

RALPH GINGLES, et

Plaint
v.

RUFUS EDMTSTEN, e

Defend

NOW COME the De

and move this Honor

and notices to tak

I,larvi-n and MarshaIl

order pursuant to p

the depositions be

ignated by the Cour

opened only hy Cour

The Defendants

Motion:

1. The legisla
are privileged and

by Fed. R. Civ. pro

Rauch are members o

or Debate provj_sion

legislators a privi
legislatj-ve acts in

2. The legisla
the intent of indiv
scope of discovery

THE UNITED .STATES DTSTRICT COURT

"ot'"Xl,,31:il.ii$r3lniln^'I{ cARoLrI'IA F I L E D
crvrl No. 81-803-@til 

4lggt
J. RICH t,: !il,$#df?,hT^

MOTTON TO QUASH SUBPOENAE
OR TN THIT

ALTERI.IATTVE POR A PROTECTIVE ORDER., et aI.,
ts.

endants, by and througrh their counser of record,
bre court for an order guashino the subnoenae

the depositions of North carolina senators Helen

Rauch t ot, in the alternative to enter a protecti-ve
d. P.. Civ. pro. 26 (c) (5) and (6) , dj_recting that

ucted rrith no one prcsent except persons des_

and that the deposi-trons he seared and subsequently
Order.

tate the follorvi-ng grounds in support of their

ive acts and words of the prospective deponents

us outside the scope of discovery permitted
26 (b) (1). Senators Helen Marvin and llarshal1
the llorth carolina Generar Assemt,ly, The speech

of tke North carolina Generar statutes affords
ege to refuse to ansvrer an\/ question concernj-ng

any proceeding outside of the legislature.
ive history speaks for. itself, and inquiry
dual legislators is irrelevant and beyond

s described in Fed. R. Civ. pro. 26 (b) (1).

fs,

into
the



,li

$r
l

WHEREFORE, by

forth in the attac
pray this Honorabl

described subpoena

""";::"::"*/r

Of Counsel:

Jerris Leonard & As
900 17th Street, N.
Suite 1020
Washington, D. C.
202/872-L09s

-2-

son of the foregoing, and as more fully set

brief in support of this motion, Defendants

Court for an order guashing th.e above-

r or, in the alternative, directing that

y of Decemb"I, 1981.

RUFUS L. ED.I,IISTEN
ATTORNEY GENERAL

Raleighr North Carolina 27G02
Telephone: (919) 733-3377

Norma Harrell
Tiare Smiley
Assistant Attorneys General

John Lassiter
Associate Attorney General

Attorneys for Defendants

ociates, P.C.

0006

trla1lace, Jr.
ty Attorney Gef6ral-
r Legal Affairs

orney General's Office
. C. Department of Justice

Post Office Box 629



I certify that

other parties by pl
prepaid properly a

depository under t
Senator Marshall R
LL?L Scotch Drive
Gastonia, NC 28052

I'Ir. James M. Wa11a
N.C. Attorney Gener
Post Office Box 629
Raleigh, NC 27602

This 17th day

TIFICATE OF SERVICE

I have served the foregoing document on all
cing a copy thereof enclosed in a postage

ressed wrapper in a post office or offlclal
exclusive care of the U.S Postal Service to:

ch

1's Office

f December, 1981.

Senator Helen Marvin
119 Ridge Lane
Gastonia, NC 28052

Mr. Jerris Leonard
900 17rh sr. Nw
Suite L020
Washington, DC 20006

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Cite this item

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