Is there a way to gain access to web based E-mail account(Gmail,Yahoo,Hotmail,etc..) using the court?

[zenoMorph]

This involves a federal lawsuit.

The company burn their records and owner mysteriously died. The owner had a email account with a web based E-mail account may have evidence that could help my case. The owner's widow swears that she known nothing her husband did and claim to not have access to any records including email.

Is there way gain access to the deceased owner's email or for his widow to gain access to her husband's email account(assuming she does not already know the password)?

I do know there are special rules about getting web based emails which hard to impossible vs other types of records. However the owner of that email is dead and the widow may want to gain access as well. She is the rightful heir to the estate.

Is there a process or a way for either of us to get to those emails and force the tech giant to turn over the email or password given the unique circumstances.

Thanks.

 

[Taxing Matters]

His estate personal representative (PR) may be able to get access to it. The PR would have to contact the e-mail provider about that.

As for you, in order to get it for your lawsuit you'll need to issue a subpoena to the e-mail provider, assuming that neither the e-mail provider nor the estate are parties to your case.

Please keep all your questions about the same case to one thread.

 

[quincy]

zenoMorph, a court (generally) will not issue a subpoena without good cause shown for its issuance. A "suspicion" that email accounts might reveal something useful to you is probably not going to get you a subpoena. It sounds as if what you want to do is "fish" for information.

The other threads related to zenoMorph's federal case:

https://forum.freeadvice.com/threads/can-you-send-a-federal-subpoena.655701/
https://forum.freeadvice.com/threads/should-i-file-federal-rule-11-sanctions-against-opposing-side-for-bad-behavior-obstruction-false-statements-etc.655657/