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I was involved in a case a number of years ago that subpoenaed records from Google.
It is possible so long as a case has been filed in a U.S. court.
You have to have the subpoena issued by your court and then "domesticate" the subpoena in CA.
California Code of Civil Procedure Section 2029.300 explains how to domesticate the subpoena there.
Essentially you have to:
Pay Court Costs, then hire a Process Server either private or a law enfoircement officer in Santa Clara County, California, along with the filings include (two SASE), Include an original copy of your local subpoena and 2 copies, complete and include Form SUBP030 which you can find at http://www.courtinfo.ca.gov/forms/documents/subp030.pdf, complete and include Form SUBP035, which you can find at http://www.courtinfo.ca.gov/forms/documents/subp035.pdf, also send the $30 filing fee, and with the court in San Jose, CA.
The contact info for Google is
Google Legal Investigations Support
1600 Amphitheater Parkway
Mountain View, CA 94043
Phone Number: (NNN) NNN-NNNN/p>
Fax Number: (NNN) NNN-NNNN/p>
Custodian of Records Fax:(NNN) NNN-NNNN/p>
There is a good article on getting info from social media sites at http://www.msba.org/sec_comm/sections/solo/docs/ObtainingRecordsFromSocialNetworkingWebsites.pdf
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I think there may be a misunderstanding. I live in the Los Angeles area and I have my divorce has been filed by a family law attorney at the local court.
Sorry, I thought that you were out of state.
Let me clarify: I live in Los Angeles and my divorce has been filed at the local court by my attorney. My attorney wasn't clear on whether or not google can successfully be subpoenaed and how. My attorney has subpoenaed bank accounts and credit cards but he was not clear on Whether or not my ex's gmail can be subpoenaed so I'm doing the research.
You would get the subpoena issued from your court and then served by a process server where Google is located, their address and contact info is show above.
Google can be subpoeaned and they will respond.
The subpoena has to be a good one, not too vague, explain what you want, etc.
Would the same standard forms be used?
Google has varied the amount of time they retain information. I believe right now it is retained for six months.
I think it is the same forms throughout CA.
Occasionally a court may issue local rules and say "use these instead" but your lawyer would know that.
Google will notify her you are trying to obtain the records and give her a chance to respond and object.
If she does object or Google objects for some reason then you would have to have a hearing on the matter, just like with anyone else.
Google just recently said they can access everyone's g-mails so that won't be an issue.
The only issue is how long they retain them.
I read recently it is six months, but they can change it at a whim so there is never a guarantee.
The emails are from 2009 to the present time and I don't believe he would delete them but he may once he gets a notice that his email is being subpoenaed. Do you know if it's possible to speak to someone live at Google. I have been on hold for 6 hours at their main number: XXX-XXX-XXXX
The only number that is available is the one I gave you above.
However, I could never get through to them via the phone. They do respond to emails...eventually.
Did you have additional questions?
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I called that number and they don't have a live person but I will email. When you say they retain the records for 6 months, do you mean even if they still currently exist on the gmail account and are more than 6 months old, they can't get them? Or, if they have been deleted?
I am not 100% sure, since that wasn't an issue in my case, but I believe from what I have read it is six months after they have been deleted. If they are still on the gmail account, for instance saved in a folder, there is no reason they shouldn't be able to get them.
Anything else I can help with?
I just read the article you had sent and my understanding is that Google does not respond to Civil subpoeanas unless the user of that account gives a consent? Am I understanding correctly?
my situation would be a civil request, correct?
No, that's not absolutely correct. They will respond if the user doesn't object and they may respond even then. As I mentioned above they can't just ignore a proper subpoena so they would have to file a Motion to Quash in the court and then the court could rule on it and still give you the materials. Google will not ignore a court order.
It would be a civil request.
Want to make sure I understand correctly: If my ex objects which he most likely will, then he would need to file a motion and the court meaning the judge can still nullify his motion?
Yes, they would have to file a Motion to Quash Subpoena.
However, just because they file it doesn't mean the judge will grant it. Judges are inclined to grant any discovery requests with a reasonable explanation behind them.
Fyi, that email address is no longer accepting emails (as of 1/2013). I got a message to send emails to:
Thank you for your help
I will rate you highly
You're very welcome.
If I have other questions regarding this matter in the near future, can I still ask?
just curious, have you ever subpoenaed Facebook?
If you remember, when this issue gets resolved come back to this thread and let me know what happens. Once you issue your Positive Rating the question locks open and you can come back anytime in the future at no charge. I like to keep track of what happens and what courts are doing at the trial level.
You can always ask for me when opening a new question by starting it with the words FOR JD 1992 and i will pick up as soon as I see it. I am usually online at least a few minutes every day.
I've never subpoenaed Facebook but it would work the same way as it does with Google. They have a page at https://www.facebook.com/help/473784375984502/ with some info about their procedures.
Hopefully it won't go to trial! I will keep the threat and contact you.
What type of law do you practice?
or have practiced
Can he refuse to sign? Are there any consequences if he refuses?
Also, doesn't that give him heads up to delete the emails?
Do you mean an injunction to prevent him from deleting the files?
I see... So when you say the court can order him to sign, it means first my lawyer would approach him with an injunction to prevent him from deleting emails/files, then if he refuses the court enforces it?
Do we physically have to be in court for such a thing to happen or the attorneys process it as they have been with everything so far?
I ask because i filed for divorce 8 months ago and we are just having our first court date in 4 weeks and it's to get attorney/forensic fees, and temporary support for me. Do we deal with this issue while in court or it needs to be stated somewhere. I guess I'm unfamiliar with the order in which things take place. It seems to be difficult and costly to stand in front of a judge and have him address everything.
Thanks. The TRO is a temporary restraining order which is the same as the injuction?
Hi, I received a response from Google today:
Attachments are only available to registered users.
So does their response say that Google is prohibited from disclosing account information and the only way to get the information is that the account holder gets served a document request for what is needed?
Yes I didn't word it correctly. They need a release from the account holder before disclosing the information so if we subpoeana without the release, Google is saying that they are prohibited from giving out the information.
Thank you. By the way, I was just going through some subpoenas and saw that he had bought $650,000 worth of stocks and lost all of it without my knowledge or consent.
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