deposition of subpoena for production of business records

[Curious Too]

What is the name of your state?What is the name of your state? Michigan

I received a deposition subpoena for production of business records from the Riverside Superior Court in California. The case involves a client of mine and a person who has accused them of harboring a cyber stalker. The subpoena requests any business records I have for this particular client. My client's attorney feels that the CA county court lacks jurisdiction to subpoena my records, and that there is not even a procedure to enforce such subpoena in a state court.

Any idea if this is correct, and if so, how do I respond to the person (who is not an attorney) who requested the subpoena?

 

[HomeGuru]

What is the name of your state?What is the name of your state? Michigan

I received a deposition subpoena for production of business records from the Riverside Superior Court in California. The case involves a client of mine and a person who has accused them of harboring a cyber stalker. The subpoena requests any business records I have for this particular client. My client's attorney feels that the CA county court lacks jurisdiction to subpoena my records, and that there is not even a procedure to enforce such subpoena in a state court.

Any idea if this is correct, and if so, how do I respond to the person (who is not an attorney) who requested the subpoena?

**A: what is this attorney talking about?

 

[Curious Too]

My client's attorney feels that since I am not a resident of that state, nor do I do business in that state that the Riverside Superior Court cannot issue this particular subpoena, that it has to come from a Michigan court.

 

[HomeGuru]

My client's attorney feels that since I am not a resident of that state, nor do I do business in that state that the Riverside Superior Court cannot issue this particular subpoena, that it has to come from a Michigan court.

**A: that's BS.

 

[Curious Too]

I spoke with a lawyer in California and he advised that this particular subpoena can only be served on persons who live within a 150 mile radius of the Superior Court. He also said I should just ignore it.

 

[meganproser]

Funny, we were just talking about this particular issue in another thread .

If I understand your post correctly, you must be the owner of a forum server. The plaintiff has asked the forum owner to give him the IP number of a poster and the owner has refused. Now plaintiff is asking YOU to give up the poster’s IP?

My client's attorney feels that the CA county court lacks jurisdiction to subpoena my records

Your client’s attorney is correct. There are some states that will enforce a subpoena from a foreign state. Michigan just isn’t one of them.

and that there is not even a procedure to enforce such subpoena in a state court.

There is such a procedure in any state that has adopted the Uniform Foreign Depositions Act. Michigan has not adopted the act.

The CA plaintiff should have contacted the Michigan court and asked them what procedure they use for this situation, as there are several different ways these things are handled. The clerk would have referred them to Michigan Rules of Civil Procedure 2.305(E).

2.305(E) Action Pending in Another State, Territory, or Country. An officer or a person authorized by the laws of another state, territory, or country to take a deposition in Michigan, with or without a commission, in an action pending in a court of that state, territory, or country may petition a court of record in the county in which the deponent resides, is employed, transacts business in person, or is found, for a subpoena to compel the deponent to give testimony. The court may hear and act on the petition with or without notice, as the court directs.

In other words, the plaintiff has to petition the Michigan court and have THEM issue a subpoena for your records.

 

[Curious Too]

"In other words, the plaintiff has to petition the Michigan court and have THEM issue a subpoena for your records."

That's what I thought.

The story:

I run a webhosting company in Michigan. One of my clients runs a very popular forum that deals with business/consumer credit, creditors and collection agencies. Credit collectors, debtors and attorneys frequent this forum and the postings can get pretty hot. A couple of members of the forum are at war, with the end result being one suing the other for cyber-stalking. They claim to need any business records I have for this client in order to uncover the true ownership of the forum and to have a warrant issued to the forum's owner that would force him to prevent the alleged cyber stalking.

Hard for me to believe that grown men would go to these lengths to settle a cyber dispute. The owner of the forum is so afraid his identity will be revealed that he has moved the hosting to Israel.

 

[meganproser]

A couple of members of the forum are at war
There’s a shocker huh?

with the end result being one suing the other for cyber-stalking.
REALLY?

They claim to need any business records I have for this client in order to uncover the true ownership of the forum

If they need the owner’s ID so that they can subpoena HIM for the IP’s of the poster’s, I can understand that.

Would YOU be able to provide them with the poster’s IP if they asked for it? I would really like the answer to that question please.

I don’t understand what you’ve written here at all:

and to have a warrant issued to the forum's owner that would force him to prevent the alleged cyber stalking.

OMG, that’s a riot. Is there a court seal on the subpoena? Have you contacted the CA court to verify the existence of a complaint?

Hard for me to believe that grown men would go to these lengths to settle a cyber dispute.

A lot of people think a dispute that occurs in an Internet community is somehow less important or less “real” than disputes that occur in a professional organization, a church group, the PTA, an alumni association, a bowling league, little league, etc. It’s ALL in the eye of the beholder!

The owner of the forum is so afraid his identity will be revealed that he has moved the hosting to Israel

Good grief, tell him I said...SHALOM!

 

[rmet4nzkx]

http://www.courts.co.riverside.ca.us/ Look up the case here.
Considering the defendent is hiding in a foreign country now to avoid this and internet issues can fall under Federal law, if your client is stalking you might wish you had complied with the court's order.

 

[badapple40]

The California lawyer is completely correct. A subpoena is just like summons in a civil suit -- you need personal jurisdiction over the person or thing being subpoenaed, and in this case, the California court does not have it. The Plaintiff's attorney, however, should be able to find some way to domesticate the subpoena -- and I fail to see how Michigan could avoid that under the full faith and credit clause of the U.S. Constitution. Usually, you would take it to the court of general jurisdiction in the home state (in this case Michigan) and get a Michigan court to enforce/issue a subpoena to the person/business.

 

[You Are Guilty]

The California lawyer is completely correct. A subpoena is just like summons in a civil suit -- you need personal jurisdiction over the person or thing being subpoenaed, and in this case, the California court does not have it. The Plaintiff's attorney, however, should be able to find some way to domesticate the subpoena -- and I fail to see how Michigan could avoid that under the full faith and credit clause of the U.S. Constitution. Usually, you would take it to the court of general jurisdiction in the home state (in this case Michigan) and get a Michigan court to enforce/issue a subpoena to the person/business.

Depending on where you live, it's called "letters rogatory" or an "open commission".

 

[meganproser]

Uh oh Curious Too, is someone stalking YOU now?

Sometimes, you read through these threads and you just have to laugh, lol.

 

[Curious Too]

If they need the owner’s ID so that they can subpoena HIM for the IP’s of the poster’s, I can understand that. Would YOU be able to provide them with the poster’s IP if they asked for it? I would really like the answer to that question please.

I would not be able to provide the IP addresses but the owner of the forum would. Actually, the plaintiff already knows the identity of the defendant and has created a website about him at http://lizardkingexposed.com.

I don’t understand what you’ve written here at all: and to have a warrant issued to the forum's owner that would force him to prevent the alleged cyber stalking.

The plaintiff wants the defendant kicked off of the forum. He wants to serve the forums owner some sort of legal document that would force the owner to prevent any further harrassment from the defendant.

OMG, that’s a riot. Is there a court seal on the subpoena? Have you contacted the CA court to verify the existence of a complaint?

Yes, there is an actual case number and it's legitimate. I called the Riverside County Court to make sure.

Good grief, tell him I said...SHALOM!

There have been lots of threats from collection agencies and attorneys because of the type of information that's posted on this forum and apparently one of the problems with following up on those threats is they don't know who to go after. I think that's why the owner is so paranoid about his identity being revealed.