Questions tagged [subpoena]

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A third-party turned over information about me to a party in a case that I am not involved in. What recourse do I have?

A civil lawsuit is going on that I am not a party to. The Plaintiff in that case issued a subpoena to a third-party company whose services I use. The third-party company contacted me and informed me ...
lgshost's user avatar
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-1 votes
1 answer
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How can one bring a civil claim against an unidentified defendant in order to apply for a third party disclosure order to identify them?

Past answers here have suggested that a claim can initially be brought against an unidentified party like “the man in the blue jacket who did X at Y location on Z date.” Once the claim is started then ...
TylerDurden's user avatar
7 votes
2 answers
3k views

An attorney can't afford to pay for professional services to search & retrieve required documents for civil & criminal proceedings, what happens next?

If an attorney in the US is being required to produce substantial but selected legal records and documents for a mix of criminal and civil litigations against the attorney, and these documents are ...
uhoh's user avatar
  • 766
9 votes
1 answer
3k views

Hypothetical POTUS divorce

If the spouse of the President of the United States filed for divorce, would the President have any claim of immunity from any litigation that followed (e.g. the division of assets in the matrimonial ...
BakedAlaska624's user avatar
3 votes
0 answers
54 views

Identify defendant in small claims court (UK)

If I want to make a claim against someone in small claims court in the UK, but I only have their PO Box address, what's the procedure? I need some legal thing to compel Royal Mail to give me their ...
Timmmm's user avatar
  • 223
13 votes
1 answer
943 views

What standard of evidence is used for a subpoena of documents in a criminal case? How does it compare to probable cause?

A Website I use received subpoenas from the US Department of Justice for data related to certain specified usernames. What standard of evidence must that subpoena have met and how does it compare to ...
moonman239's user avatar
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0 votes
2 answers
87 views

Do homophobic governments successfully subpoena LGBT dating sites? [closed]

I live in a very homophobic country and I'm afraid my state's police will eventually get unleashed and start prosecuting LGBT people for engaging in "criminal offenses" only because they ...
hyges's user avatar
  • 11
3 votes
0 answers
115 views

In which cases has a Wikipedia editor's identity been subpoenaed?

In any jurisdiction, I'm looking for names of cases for either or ideally both of the following: Where Wikipedia has been subpoenaed for information on an editor, complied with the subpoena, and ...
law_curious's user avatar
7 votes
3 answers
2k views

Can medical records ever be subpoenaed or discovered in any judicial context?

My understanding is that medical records are legally privileged. What does this actually mean? Can they ever be required by a court to be disclosed under any context, or for any reason? (e.g. if ...
JosephCorrectEnglishPronouns's user avatar
3 votes
0 answers
56 views

Are there any circumstances where the court could order authorities to seize subpoenaed materials in a civil suit?

As the title. I am aware that there are a number of punitive measures courts can take when parties do not comply with discovery. Is there point where the court can order the collection of materials by ...
Michael's user avatar
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6 votes
1 answer
2k views

Why don't they just issue search warrants for Steve Bannon's documents?

One of the contempt charges Bannon face is for not handing over documents to the Jan 6th committee. Why can't they just issue search warrants for every location remotely-associated with Bannon and ...
Ryan_L's user avatar
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1 vote
1 answer
406 views

How can I get a discovery subpoena without necessarily filing a civil complaint?

I may have been defamed on Facebook by a person who verbally threatened to put defamatory material about me on their page. I do not have access to this person's Facebook page. In order to determine ...
Cicero's user avatar
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1 vote
1 answer
351 views

Can an expert refuse to give expert testimony? [duplicate]

Can an expert be forced to give expert testimony with the use of a subpeona? Seeing as they are putting there reputation on the line it would not strike me as unfair to force a professional into ...
Neil Meyer's user avatar
  • 4,889
1 vote
1 answer
102 views

Is code on Github safe against US claims?

I run a smaller non-US company producing hardware-related code. Since the code is hardware related I might patent it (the entire system) outside US at some time. I want to use Github to store my code ...
tanGIS's user avatar
  • 113
5 votes
3 answers
2k views

Obtaining information that requires a court order but before to going to the court?

I'm struggling with the following dilemma. Some information is not accessible without a court order, for example, some data stored in Apple / Google / Facebook servers. Going to the court directly is ...
Silly mistakes in the past's user avatar
9 votes
1 answer
4k views

Personal devices subject to subpoena?

I work for a company in the US in IT, and don't have a company provided phone. I've resisted installing work-related apps on my phone (such as Skype/Teams, Outlook) out of concern that my phone might ...
Joe's user avatar
  • 1,137
2 votes
1 answer
149 views

What would happen if a minor was falsely accused of being a predator by an online sting group for sexting and an investigation started? [closed]

What would happen if a minor sexted other minors online, posted offensive and outrageous things, adult porn and a sting group reported them to the police assuming they were a predator and essentially ...
m120's user avatar
  • 31
27 votes
4 answers
9k views

What happens to Donald Trump if he refuses to turn over his financial records?

Headlines for 2021 February 22 read "Supreme Court Approves Subpoena for Trump's Financial Records". Since the Supreme Court has now ruled on the matter, I am not aware of any other body to ...
End Anti-Semitic Hate's user avatar
2 votes
1 answer
593 views

Can someone plead the fifth regarding impeachment?

Recently, former president Trump turned down the opportunity to testify at his own impeachment hearing. However, given the magnitude of the charges, could he be compelled to testify by subpoena? Or ...
Pyrotechnical's user avatar
1 vote
1 answer
85 views

Can I subpeona a bank to get contact information of bank account holders who defrauded me?

I have been a victim of online fraud. A large amount of money flowed from my account to various (around 10) Bank of America/PayPal accounts in the US. I have filed a police report. The police report ...
mildman's user avatar
  • 11
2 votes
3 answers
2k views

What is the difference between a subpoena and a court order?

In the context of trying to get someone’s real personal information from online/social media accounts, which is necessary?
Jane doe's user avatar
1 vote
1 answer
212 views

Online crime, subpoena, search, and arrest [closed]

Suppose that someone hacks a website, and suppose that the police find what the hacker's IP address was at the time of hack, and they contact the Internet Service Provider to resolve the IP address to ...
Jay Shah's user avatar
  • 248
1 vote
2 answers
128 views

Can owner of stolen goods found for sale subpoena seller to disclose the source?

Someone steals Bob's bike in 2010. In 2020 Bob finds it for sale. It's too late to prosecute for theft, so the police wouldn't bother. Of course Bob doesn't know if the seller was the thief. The bike ...
Greendrake's user avatar
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2 votes
2 answers
91 views

Legal consequences of complying with a house subpoena?

I keep seeing in the news that, at the president's order, people are ignoring subpoenas from the house of representatives, citing executive privilege. So what legal bite does the president have if ...
Jon's user avatar
  • 375
1 vote
2 answers
130 views

A member of Congress subpoenas phone records and then release them: does this violate any US Laws?

If a member of Congress (e.g. Representative Schiff) subpoenas phone records of people (which is allowed) and releases them directly (in a report) or indirectly (leaked to press). Does this violate ...
Mike Lisanke's user avatar
4 votes
0 answers
236 views

Subpoena across state lines

I am curious about how subpoenas work across state lines. Let's assume that a matter is before the county court in NJ but information is needed from a person domiciled in NY. It seems that an NJ ...
mankowitz's user avatar
  • 151
0 votes
2 answers
73 views

Gag order in reference to a Criminal Investigation

Lets say you reach terms with a party "B" about a dispute and they specify a gag order. That is you cannot disclose the nature of the settlement, or disparage party "B". The settlement is in ...
Pete B.'s user avatar
  • 454
1 vote
2 answers
125 views

Are there any circumstances under which a federal court order may be lawfully ignored?

Question is in the title. Another formulation: Are there any circumstances under which a defendant may lawfully decline to comply with a federal court order? A sort of mini-appeal process, if you will?...
ben's user avatar
  • 123
4 votes
1 answer
192 views

Can William Barr fully comply with the House Judiciary Committee's Subpoena?

Background Given the comments from the question of the same name on Politics.SE, I thought it would make sense to also ask it here. On April 19th, Jarrold Nadler, head of the House Judicial ...
isakbob's user avatar
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2 votes
2 answers
1k views

What happens when an ISP who was subpoenaed for an IP doesn't have their IP logs anymore?

What if police wanted to find a copyright violator or someone who hacked or committed a worse crime in the United States and the ISP in question deleted there IP assignment logs. Then how would they ...
NRSJ's user avatar
  • 27
0 votes
2 answers
348 views

Does the sixth amendment protect the right to compulsory process for other types of evidence?

As an example, would it protect the right for a defendant to get a subpoena for phone company records to try an establish an alibi? Read literally, the compulsory process clause only provides "...
AJMansfield's user avatar
1 vote
1 answer
163 views

Federal prison and congressional testimony

Assume an individual has been convicted and sentenced for United States Federal crimes and is serving his sentence in the appropriate Federal prison. Then, he is subpoenaed to testify, under oath, ...
DJohnM's user avatar
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1 vote
1 answer
1k views

Is it legal for the President of the US to ignore a subpoena?

In 2012, Obama was subpoenaed in the case Farrar, Lax, Judy, Malaren, and Roth v. Obama. However after a failed attempt to quash the subpoena on the basis that a sitting president cannot be subpoenaed ...
Kidburla's user avatar
  • 115
0 votes
2 answers
299 views

Could the Swedish government require a VPN to start logging user activity?

This question is basically the same as this question, but for Sweden instead of the United States Could the US government force a VPN provider to start logging? If the government asked a VPN that ...
user avatar
1 vote
1 answer
509 views

Could the US government force a VPN provider to start logging?

Lets say that the US Government had a subpoena to get logs of user activity. However, assuming the VPN provider was not previously logging, could the government ask the provider to start logging, in ...
user avatar
2 votes
1 answer
76 views

Which comes first: contracts or subpoena orders?

Example scenario If I am a reporter and I write an article from a source who did not want to disclose his identity and I signed a contract to never disclose his identity. But the court now demands ...
John Rawls's user avatar
0 votes
2 answers
95 views

Does a subpoena's powers extend beyond the entity it is served to

If a company is served with a subpoena, and it in turn emails all of its employees asking for any related documents, does the email carry the same powers as the original subpoena? Jurisdiction: US ...
Mobius's user avatar
  • 189
-4 votes
1 answer
113 views

Could a Judge or Attorney General or Similar Start a New 9/11 investigation?

On May 11th, 2018 a request was made by one of the many 9/11 for truth platforms which is endorsed by nearly 3000 architects and engineers to the US congress to reopen a new 9/11 investigation. This ...
user avatar
2 votes
1 answer
147 views

What is the charge if you erase digital information that was subpoenaed?

First off I’ll let you know that this would apply for Canada. Here’s the scenario: You own a server which is used to host a secure and encrypted message website/app. Say there is possible evidence ...
user avatar
1 vote
1 answer
924 views

Gmail harassment and IP address

Under what circumstances will the police subpoena Gmail for an IP address? I have been harassed by my ex girlfriend but it has stopped a few months ago. She has not so much harassed me as she ...
user avatar
1 vote
2 answers
425 views

Why should a witness have to be arrested if they didn't answer the summons of a subpoena?

If this is a why of the law based on policy, I will move it to the politics site. I do not think it is right to arrest someone who hasn't broken any laws. The witness didn't probably show up due to ...
HeavenlyHarmony's user avatar
1 vote
2 answers
3k views

Is probable cause of a crime necessary for a subpoena to be issued?

In order to get a subpoena, wouldn't the prosecutor have to show probable cause that a crime was committed? According to news outlets (example), Mueller has subpoenaed a Trump organization. I did ...
Phlegon_of_Tralles's user avatar
0 votes
1 answer
161 views

Australia - Subpoena bank records

I'm self-representing for a case that is centred on whether an amount of money was raised or not. I have reason to believe the defendant is likely to alter any documents he presents related to bank ...
Hews's user avatar
  • 105
1 vote
1 answer
62 views

What is the extent of legal power of a USA Congressional inquiry?

When a US Senator or Congressperson poses a question to a private company about some behavior or action of the company, does that carry any legal weight? In other words, is the company required to ...
Ralph's user avatar
  • 113
0 votes
1 answer
446 views

Limits on requests for production of documents under FRCP

The FRCP requires that parties make available documents to the party requesting same documents for inspecting and or copying. But suppose the parties to a civil action are hundreds of miles apart? ...
j. howdee's user avatar
  • 125
1 vote
1 answer
1k views

Would I be liable for any illegal traffic that comes through my VPN?

Say I hosted a virtual private network somewhere on a cloud hosting provider, say an amazon aws server. If I shared access to that VPN to other people (say for simplicity's sake, 5 friends), someone ...
Bango's user avatar
  • 127
2 votes
2 answers
1k views

Under what circumstances can a subpoena be issued?

I'm trying to help someone out on a different Stack Exchange website about a stolen device. Not many of us know many too much about the law. We are trying to figure out who has/where is the stolen ...
user avatar
3 votes
3 answers
16k views

What's the point of a subpoena if you can just invoke the fifth amendment?

I always thought a subpoena was an order to produce evidence or testimony, but I recently realized that you can just invoke the fifth amendment if you're served a subpoena. Given the complicated ...
user541686's user avatar
  • 1,376