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Civil Procedure Keyed to Field
Will v. United States
Citation:
389 U.S. 90 (1967)Facts
Simmie Horwitz faced criminal tax evasion charges in the Northern District of Illinois before Judge Will. Horwitz filed a motion for a bill of particulars containing thirty requests for information. After extensive hearings, the dispute centered on request number 25, which sought information about oral statements Horwitz allegedly made to support the indictment, including names and addresses of persons to whom statements were made, times and places, whether witnesses were government agents, and whether transcripts existed. Judge Will ordered the Government to furnish this information after offering to narrow disclosure if the Government showed physical risk to individuals or prejudice to evidence production. The United States Attorney refused compliance, arguing the request constituted an improper demand for a witness list beyond the court’s power under Rule 7(f). Before Judge Will could dismiss the indictment, the Government obtained an ex parte stay and mandamus from the Seventh Circuit.
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