Ask a Lawyer and Get Answers to Your Legal Questions
Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
I am sorry to hear about this. Can you please tell me:
1) What Court is this in? As in, "U.S. District Court, District of Nevada?" Or another court? Please be specific.
2) What exactly are you asking about this situation, i.e. what is your question?
This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
This is in federal court. The Plaintiff is asking your ISP to match the IP information with your name, probably because they want to add you as a Defendant for downloading copyrighted material without permission.
One can file a Motion to Quash the subpoena, but doing so does not guarantee that it will be approved - it merely asks the Court to quash it. I am providing an example of such a subpoena HERE. Another one HERE.
The Court will quash a subpoena if it is too burdensome, irrelevant, etc. See HERE and read over that carefully to see various grounds for requesting that it be quashed.
Finally, since they are asking for your identity, you may wish to use an attorney to ensure that your identity is not compromised.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Yes. So if there is still time, then yes. Normally, one would want to submit it as early as possible but even if the deadline is passed, one can still attempt it (and it has not passed yet, it seems).
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
I understand, no worries.
I cannot know what they are asking for because I do not know what they are alleging. I am sorry.
The motion can be submitted yourself, however because they are after YOUR IDENTITY, filing a subpoena under your name is ***** ***** It is recommended to use counsel, then.
You can upload them if you'd like, but unless there is a copy of the Plaintiff's complaint with it, I would not be able to tell you much more than what I have already stated, I am afraid.
A "general practice" or a "civil litigation" attorney. Fees vary but I would budget for at least $1,500 or more for the motion.
I really could not tell you because I do not know the basis of the suit. I'd have to see the complaint just to see what they are alleging. I am sorry. So I cannot guess.