The answer is, “Probably not.” The reason is that web-based e-mail providers can invoke the Stored Communications Act (SCA), 18 U.S.C. You can ask that the party produce all the relevant e-mails, but how do you know the party didn’t hold something back? Can you serve a subpoena on Yahoo or Gmail to obtain the e-mail communications? When Someone Uses a Web-Based Email Providerīut suppose your opposing party uses only web-based e-mail such as Yahoo or Gmail. A third party vendor can be retained to identify and disclose only those e-mails relevant to the dispute and to remove any privileged communications, such as e-mails to or from one’s attorney or spouse. In that instance, someone can typically image the data on the e-mail server to obtain relevant e-mails.
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So how to verify? When a party sends and receives e-mail in Microsoft Outlook or a similar application, she will likely maintain and have access to her own private e-mail server. The old Russian proverb doveryai no proveryai-“trust but verify”-would seem to apply. The concern that often arises is whether the party responding to the request has provided every relevant electronic communication in its possession. Assuming the discovery request is relevant and proportional to the needs of the case, it is a valid means of obtaining evidence. For example, one party typically propounds a discovery request to its opposing party requesting the production of all relevant e-mails within a certain time frame, and the other party responds. Generally speaking, civil discovery often focuses on the retention and acquisition of electronic communications. The answer to these questions is typically “no,” but it depends on how the content is stored and how it is sought.
If I delete messages, can someone subpoena Gmail, Facebook or my cell phone carrier to get older messages?.Can someone subpoena private Facebook messages or postings?.Can someone subpoena my cell phone text messages?.
Can someone subpoena my e-mail records?.Thus, in litigation, clients often ask the following subpoena questions: Can Someone Subpoena My Gmail Account, Facebook Postings and Text Messages?Į-mail and text messages are undoubtedly the preferred method of communication in today’s business and social environment.
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