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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118087
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I'm a plaintiff in pro se in an action in Idaho state court,

Customer Question

I'm a plaintiff in pro se in an action in Idaho state court, with multiple defendants defending claims of libel per se, interference with a contract, with prospective advantage, conspiracy to same, and more. I am experienced in pro se and believe I have the matter well in hand and have a trial date early next year.
I've named Does whose identities will be difficult to learn, as they are screen names on a forum. The internet forum of course is immune in this regard; and so I need to issue a subpoena for production or inspection of documents, etc. under IRCP 45.b. (similar to FRCP rule of the same number) in an effort to learn the Does' identities for service as defendants. However, the forum is in another state.
Procedurally what are the ideal steps to do this; that is, will I go first to the Idaho Court and thereafter to the other state court to get this subpoena issued?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You would need to go to the Idaho court to ask for "Letters Rogatory" which is where you ask the Idaho court to ask the court in the state where the party is located to issue a subpoena from their court to obtain the information on the accounts so you can identify the proper parties. Once the out of state court issues the subpoena, you have a process server serve the party you need to get the information from and they will have to respond in their state court which forwards the information on to you or the foreign state court could ask the party to send it to you in your state to your address.