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Foregone Conclusion Rationale — Prior Knowledge Limitation
Leading case
United States v. Hubbell, 530 U.S. 27 (2000)
How courts have described it
noting that where the government seeking production did not already know about the existence and whereabouts of certain documents, Fisher’s foregone conclusion rationale would not apply
declining to view the existence of certain documents as a foregone conclusion where the “Government [had] not shown that it had any prior knowledge of either the existence or the whereabouts of the 13,120 pages of documents ultimately produced by respondent”
dismissing government’s reliance on foregone conclusion exception, finding that compulsion to produce papers that would require defendant to make use of his own mind to identify hundreds of documents responsive to the request did not fall within the exception
Commonwealth v. Davis, J., Aplt. (Pa. 2019)
government did not satisfy “foregone conclusion” exception where no showing of prior knowledge of existence or whereabouts of documents ultimately produced by respondent to subpoena
Commonwealth v. Gelfgatt, 468 Mass. 512 (Mass. 2014)
“Whatever the scope of this ‘foregone conclusion’ rationale, the facts of this case plainly fall outside of it.”
G.A.Q.L., A MINOR v. STATE OF FLORIDA, 257 So. 3d 1058 (Fla. Dist. Ct. App. 2018)
Related doctrines
About this page
The quotations above are from court opinions that cite the leading case, in each court's own words. The heading is a short label Annlex generated from those quotations. It has not been reviewed by a lawyer and is not legal advice.