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To: Sola Veritas
I’m not sure one state court can force another state to release information from state held records

Hawaii law only requires an order from a court of competent jurisdiction, not necessarily a Hawaiian or Federal court.

This probably bears on the issue:

Article. IV. Constitution for the United States


Section. 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Stands to reason that a court in one state, if they are to give full faith and credit to records of another state, must be able to order such records or copies thereof produced as a way of "proving" them.

69 posted on 12/20/2008 8:36:03 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato

Once we got the foot in the door, insofar as some court agreeing there is an issue here that requires adjudication, then an appeal to the Federal court system would be all that is needed.

Regardless of it being a state-to-state issue, the federal law trumps all state laws, and if a fed court says “hand it over” they got no choice.


73 posted on 12/20/2008 8:46:20 PM PST by djf (< Tagline closed until further notice. Awaiting bailout >)
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To: El Gato

Full Faith and Credit clause does not require state #2 to obey every order issued by state #1 - state #2 is always able to re-examine the validity of such issues as personal jurisdiction over the defendant(s), which is clearly absent here. Lots of cases establish this principle.


78 posted on 12/21/2008 2:18:22 AM PST by Viet Vet in Augusta GA
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