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I was given a subpoena to produce all of my facebook posts…

I was given a subpoena...
I was given a subpoena to produce all of my facebook posts from 2012 to the opposing lawyers during our depositions. Backstory-Husband has filed motion to modify parenting plan and find in contempt mother. in depositions lawyer printed my PUBLIC facebook posts which are all family pictures etc.. she then had a subpoena drafted for me to produce all posts. There is no counter motion-no motions or allegations against me at all. I'm just the new wife/stepmother. This is burdensome/time consuming and irrelevant to the case. I've also looked at the Stored Communications Act. Would a motion to quash be possiblefor these reasons? Does the Stored Communications Act apply? in the state of Tennessee)
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Answered in 6 minutes by:
3/15/2018
P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 37,464
Experience: 16 yrs. of trial experience
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Wait...are you referring to title 18 US Code (for stored communications act)?

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Customer reply replied 4 months ago
I am.

Thanks

I am sorry to be the one to bear bad news...that

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SOrry...hit return too soon

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That law is not relevant for this matter. Title 18 of the US code is the section that covers federal criminal law...the stored communications act is geared to businesses that store data. It will not apply in your case in a divorce

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can rely on the stored communications act but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 4 months ago
How realistic is it to quash due to being overly burdensome/vague/irrelevant/overly broad? I am in no means trying to hide anything for I have nothing to hide. This is however just the mother invading our privacy to get pictures of us and our life that she is not present in. Due to the fact they are wanting 6 years of posts, I have a social media presence (think thousands of posts), and the last parenting plan was put into effect January of 2017, would i even need to supply any posts prior to that parenting plan as well?

Not likely...I mean, how hard is it to print out your facebook posts? A few hours? Tops?

You can certainly make the motion...but if the issue is relevant, the judge will grant the request

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 4 months ago
I actually attempted 2012 alone and it took me 4 hours. so it would take a very long time considering my social media presence and the number of posts.
If the last order was dated in 2017 would i have to provide anything previous to the last order?

You have to comply with the order...so if it was issued in 2017, you have to go backwards from that date.

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Customer reply replied 4 months ago
I'm sorry i think i am misunderstood. The last parenting plan order was submitted and entered into the court January of 2017.
The new motion to modify and find mother in contempt was filed in October 2017. Since the entered order was January of 2017---isn't anything prior to that irrelevant in the new motion?

No...not necessarily. The judge has broad discretion here...they are free to consider ANY relevant issues when deciding custody. SO they are free to go back if it is relevant to this issue at hand.
Again, sorry to be the one to bear bad news.

P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 37,464
Experience: 16 yrs. of trial experience
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Customer reply replied 4 months ago
You’re great! No bad news. Just clear answers. :) thank you!

:)

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