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N Cal Atty
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Experience:  Since 1983
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can a work comp attorney or a private investigator subpoenae my private email account, ev

Resolved Question:

can a work comp attorney or a private investigator subpoenae my private email account, even if I never accessed it from any work computer. I am unrepresented. If so, would I be notified of the subpoenae?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  N Cal Atty replied 3 years ago.
A lawyer can seek discovery of emails if there is reason to believe they contain admissible evidence, or can lead to the discovery of admissible evidence.

A private investigator has no power to issue a subpoena. Code of Civil Procedure § 1985 allows an attorney for a party to a lawsuit to issue a subpoena in connection with the case, see
http://leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=01001-02000&file=1985-1997

If anyone subpoenaed your emails, you would receive a notice that looks like this:
http://www.courts.ca.gov/documents/subp025.pdf

I hope this information is helpful.
Customer: replied 3 years ago.
I am unsure how my personal email account would be considered 'admissable' or if the attorney would have to have some 'just cause'
Expert:  N Cal Atty replied 3 years ago.
I have no idea what the facts of the case are, so I just cannot form an opinion on whether or not your private emails are likely to be subpoenaed. If they are, you will have the opportunity to object to them being produced, and the party seeking production of the emails would have to convince the Court that they are relevant and discoverable.

So basically, Yes, they need just cause to subpoena your correspondence whether it is by email or snail mail.
N Cal Atty, Attorney
Satisfied Customers: 8214
Experience: Since 1983
N Cal Atty and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.
I just sent the remainder of the question, with regard to your answer. That being, would the attorney have to have or show 'just cause' to have a subpeonae issued ... if the personal email account is/was possibly considered to have 'admissable evidence'. The window that popped up, did not give me sufficient time to look up what links you attached, and or respond. Thanks!
Expert:  N Cal Atty replied 3 years ago.
The process is that the subpoena is issued, then the consumer files an objection, then there has to be a hearing on the objection before the recipient of the subpoena has to comply with the subpoena.

The lawyer has to at least think there is just cause for the subpoena, but does not have to prove it in Court unless the consumer objects.

Does that answer you question?
Expert:  N Cal Atty replied 3 years ago.
Thank you for accepting my answer, and thank you for the positive feedback!

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N Cal Atty
California Employment Lawyer
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Since 1983