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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?
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Answered in 8 minutes by:
5/30/2017
LegalPro54
LegalPro54, Lawyer
Category: Legal
Satisfied Customers: 13,217
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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....

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Customer reply replied 6 months 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.

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