Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

In a civil litigation situation, the other side is

attempting to subpoena business records...
In a civil litigation situation, the other side is attempting to subpoena business records from a social media website (third party/non party) that I used, claiming that I used it during a certain period. During my deposition, I testified that I did not use the app prior to [X] date. Now the other side is trying to subpoena records from this social media company and is specifically seeking my "subscriber" information to see when I signed up for the app, and whether I signed up for the app prior to the [X] date. However, the fact that I signed up for an app doesn't mean I "used" the app during that time period, and that my testimony can still be accurate. It seems to me that they are going to try to make the argument that by me signing up for the app prior to [X] date, that I used the app.Do I have a valid argument that the other side is trying to "fish" for my personal information, and don't really have a basis to subpoena these records? Under California law, is there an argument that can be made? Based on this "use" vs. when I "subscribed" to the app, do I have a valid basis to bring a motion to quash?
Show More
Show Less
Ask Your Own Legal Question
Answered in 8 minutes by:
5/30/2017
LegalPro54
LegalPro54, Lawyer
Category: Legal
Satisfied Customers: 14,225
Experience: General practitioner with diverse legal experience.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

What you have is an argument against the weight that should be assigned to this information, you do not have an argument against the discoverability of the inforamtion in the first place. So no, this would not be a valid basis for a motion to quash. Assuming that your use of the social media site has any bearing at all on the litigation, then it i likely discoverable and all you can do is attempt to argue why the evidence discovered does not contradict your testimony.

I hope this helps. If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Ask Your Own Legal Question
Customer reply replied 1 year ago
Thank you for your response. So my use on the social media site is a bearing on the litigation based on the other side's view. My view is that my use has no bearing because my use did not lead to anything that the other side is arguing that it did lead to. So assuming there is argument as to the relevancy of this social media site - the fact that they are trying to subpoena records related to when I subscribed to the application is discoverable even though it wouldn't show when I used the application; and that I testified to the use of the application and not when I signed up for the application?

Your use of the site relates to an argument being made by the other side. You can argue that the argument has no merit whatsoever, and that the invasion into your privacy exceeds whatever potentially relevance is to be gained by allowing these records to be subpoenaed. But the burden is pretty low here for the other side, especially if all they are seeking is your signup information and not specific messages you sent. There is very little invasion into privacy that could result from simply determining when you signed up for the site.

You are stuck in the difficult position of arguing "this information matters so little that the other side shouldn't even get to know about it." If it's so insignificant, then what's the big deal? You can expect the other side to make this argument in response to a motion to quash.

LegalPro54
LegalPro54, Lawyer
Category: Legal
Satisfied Customers: 14,225
Experience: General practitioner with diverse legal experience.
Verified
LegalPro54 and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask LegalPro54 Your Own Question
LegalPro54
LegalPro54
LegalPro54, Lawyer
Category: Legal
Satisfied Customers: 14,225
14,225 Satisfied Customers
Experience: General practitioner with diverse legal experience.

LegalPro54 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,393 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,059 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
How many days notice is required to subpoena someone to
How many days notice is required to subpoena someone to appear in court as a witness in a probate litigation case?… read more
Ray
Ray
Lawyer
Doctoral Degree
33,008 satisfied customers
I was presented with a subpoena for info but it was given to
I was presented with a subpoena for info but it was given to me AFTER the due date so is it still valid? … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
962 satisfied customers
Been served a subpoena to give testimony in a deposition
Been served a subpoena to give testimony in a deposition instead of giving a testimony in trial. They paid me the $40 deposition testimony fee and some gas funds. However, they have asked for copies o… read more
Ray
Ray
Lawyer
Doctoral Degree
33,008 satisfied customers
If I receive a subpoena from the district attorney what
If I receive a subpoena from the district attorney what rights do I have? … read more
Ray
Ray
Lawyer
Doctoral Degree
33,008 satisfied customers
Is it a HIPAA violation to release records on a subpoena
Is it a HIPAA violation to release records on a subpoena without the patient's consent AND what if those records contained STD information? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,836 satisfied customers
When serving first amendment to a civil litigation, if the
When serving first amendment to a civil litigation, if the defendant won't open the door, is it ok to leave the paper at the doorstep or mailbox?… read more
Michael Gonzalez
Michael Gonzalez
JD
584 satisfied customers
A friend of mine is being subpoenaed for a civil case. She
Hi a friend of mine is being subpoenaed for a civil case. She wanted to know what kind of lawyer to get to represent her in case she needs counsel. … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,393 satisfied customers
My former employer is facing criminal and civil litigation -
Hi! My former employer is facing criminal and civil litigation - hey are now suing all of us former employees because they simply want to try and stop us from talking.How do I know if I was sued prior… read more
Ray
Ray
Lawyer
Doctoral Degree
33,008 satisfied customers
I am involved in a commercial civil litigation in Arizona
Hello,I am involved in a commercial civil litigation in Arizona Superior Court. I am the plaintiff. I am going to relieve my attorney on the case. The reason is because he is thwarting the case and co… read more
LegalPro54
LegalPro54
Lawyer
14,225 satisfied customers
How can I find a process server to serve civil litigation
Hi how can I find a process server to serve civil litigation papers in Sweden? Please refer some service providers.Thanks,… read more
socrateaser
socrateaser
1,031 satisfied customers
Civil litigation: building contractor, mechanic lien, 2009.
Civil litigation: building contractor, mechanic lien, 2009. Multiple court dates extended, fired my attorney, filed pro se to dismiss for lack of prosecution after 2 1/2 yrs no communication after agr… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,171 satisfied customers
I would like to start a civil litigation suit against
I would like to start a civil litigation suit against several large and powerful companies and some personally. Since the election of President Trump, the constant repeating of the white racist is vio… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I have a civil litigation question. New York. The other
I fired a contractor who took half the payment in advance and then wont show up to work. I asked my money back and he wont give me. I confiscated his tools. Now his actions are making me concern for my safety.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,171 satisfied customers
How do I amend a civil litigation paper that has already
How do I amend a civil litigation paper that has already been filed but not served? Can I add facts happened after the original filing date in the amendment? In the original filing there is no stateme… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,059 satisfied customers
Is it possible to indicate me a list of Civil Litigation
Hello. Is it possible to indicate me a list of Civil Litigation Lawyers who work in the New York area?… read more
Ray
Ray
Lawyer
Doctoral Degree
33,008 satisfied customers
For a civil litigation case that is already in process, the
For a civil litigation case that is already in process, the defendant filed a motion and dropped a copy to my door without actually serving me and mailed a copy to my attorney, is this ok in terms of … read more
LegalPro54
LegalPro54
Lawyer
14,225 satisfied customers
Civil litigation question: I am responding as a pro per in a
Civil litigation question: I am responding as a pro per in a civil litigation matter in state court. Plaintiff has filed a Motion to Strike a Motion filed by me. My question is: Can I cite a Federal D… read more
LegalGems
LegalGems
Juris Doctorate
12,269 satisfied customers
I am considering pursuing civil litigation against a person
I am considering pursuing civil litigation against a person and (possible persons) who committed a crime against me and are currently facing criminal charges. How do I select the correct lawyer? … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x