QUESTION
Can a lawyer subpoena personal cell phone records if you are not the one being sued?
Asked on May 25th, 2017 on Civil Litigation - California
More details to this question:
My boss is being sued for leaving prior agency and as part of the lawsuit the other sides lawyers are wanting to provide all text messages, phone call logs, emails, facebook posts & linked in posts that involve him. This is a civil case and I am not named in the lawsuit and my phone or email are my personal ones- not provided by my former employer.
1 ANSWER
Yes, information can be subpoenaed from non-parties, but you have to subpoena it separately; only material within the possession or conrrol of a party is covered by the discovery demands you serve on a party. Also generally the standards are more rigorous, meaning that objections are more likely to be sustained, when discovery is sought from a non-party rather than a party.
Answered on May 25th, 2017 at 1:43 PM