Can you subpoena facebook records

The short answer is Yes. But first ask yourself the following questions: Is the information I am seeking relevant to the matter at hand? If the information is not relevant, than the Court is not likely to allow a fishing expedition. As the FBI is learning, technology companies are not always friendly in spite of a court order requiring them to produce the information. To that end, if you can obtain the information by a Court order requiring the other party to produce all messages exchanged between Mr.

Jones and Ms. Is there anything on my facebook or social media pages that may be problematic? The Court is likely to allow the opposing party to discover the same type of information related to your social media so be careful what you ask for. Describe Your Legal Issue. Below are two of the statutory factors that are often difficult to accurately assess when establishing or modifying child custody: The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.

See, Phillips v. Harmon, WL Second, you should immediately issue detailed and specific requests for production of documents upon both the opposing party and any non-party a suspected boyfriend or girlfriend for example. This discovery should request the production of all message content maintained the social media account during specific times.

And you should further instruct the producing party to utilize the download information service provided by the social media site Download Your Information in the context of Facebook for example and produce all documents and information obtained in the download. Any such order must be carefully drawn. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail.

The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

The Law Office of Russell H. Marital Troubles? Put the Best in Your Corner. While courts continue to debate whether social media sites may be subpoenaed, the best bet to gain access to a social media account is to narrowly tailor the request by showing that it may reasonably lead to the discovery of admissible evidence. SMI may be able to assist you in finding evidence to help support that showing.

Speak with one of our team members to learn how SMI can help your organization locate, investigate and preserve crucial evidence from webpages and social media platforms. Subpoenas for Facebook Content. September 16, Back to Post Archive.