Attorney Steve® Subpoena Response Resource Center – Our Law Firm can help you if you received a Subpoena or need to file a lawsuit and serve one. If you received a subpoena from Strike 3 Holdings, LLC, or Malibu Media, LLC you have found the right place!
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In short, a subpoena is a command from a court ordering a party to a litigation (or even a non-party) to appear and give testimony or produce documents. How you respond is critical, and usually you have options. To learn more about a “” click here.
What is a subpoena?
Basically a subpoena is a form Attorneys fill out and sometimes need to seek court approval to issue. It is a legal command by a court telling someone, or a company, to do something (for example, telling your ISP to disclose the identity of an internet subscriber). If the subpoena is not followed, or quashed (see below), then a “contempt of court” could issue and jail time is possible. So a subpoena normally gives you notice that a legal action is pending, and that there is something you need to do. Having counsel review this document is thus very important because it can greatly affect your legal rights.
How does a subpoena need to be served?
Generally a subpoena needs to be personally served.
Types of subpoenas we can help you respond to
We can help parties who have received subpoenas relating to any of the following:
- DMCA subpoena
- Reporter subpoena [California Shield Laws | Reporter's Privilege]
- Copyright infringement actions (ex. lawsuits by Malibu Media, LHF Productions, )
- Subpoenas relating to trademark infringement cases
- Right of publicity cases
- General business law (ex. breach of contract / unfair competition / CA financial elder abuse) cases
- CalBRE Subpoenas
- Strike 3 Holdings John Doe lawsuits
How much do file sharing (p2p) cases settle for?
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Options when you are served a subpoena – The Motion to Quash Subpoena
One of the main options is filing a “Motion to Quash” a subpoena (some people mistakenly refer to it as “Motion to Squash”). Here is some more information on this:
BURDEN OF PERSUASION: The burden of persuasion in a motion to quash a subpoena and for a protective order is borne by the movant.” This means, you have to convince the judge that there is good cause to quash the subpoena. One ground may be that you are being sued in one state (ex. in the Northern or Central District of California) when in fact you live in Scottsdale, Arizona (and should be sued perhaps in Arizona district court).
DISCRETIONARY – A determination to grant or deny a motion for a protective order or a motion to quash a subpoena is discretionary. This means it is totally up to the judge so you have to make your best case.
F.R.C.P. RULE 45 – Motion to Quash Under Rule 45 of the Federal Rules of Civil Procedure, a court must quash or modify a subpoena if the subpoena “requires disclosure of privileged or other protected matter, if no exception or waiver applies.” Fed.R.Civ.P. 45(c)(3)(A)(iii).
Click here to watch Attorney Steve® explain Motion to Quash
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PRIVACY OF INTERNET USERS – Courts in this Circuit have recognized that Internet users have a limited First Amendment privacy interest in anonymous Internet usage, including “the use of [peer-to-peer] file copying networks to download, distribute or make available for distribution copyrighted” material in electronic form. See Sony Music, 326 F.Supp.2d at 564.
“To the extent that anonymity is protected by the First Amendment, a court should quash or modify a subpoena designed to breach anonymity.” See Arista Records, 604 F.3d at 118 (citing Fed.R.Civ.P. 45(c)(3)(A)). However, in the file-sharing context, First Amendment protection “is limited, and is subject to other considerations.” Sony Music, 326 F.Supp.2d at 564. In particular, “parties may not use the First Amendment to encroach upon the intellectual property rights of others.” Id. at 563 (citing In re Capital Cities/ABC, Inc., 918 F.2d 140, 143 (11th Cir.1990)).
Therefore, in analyzing whether the First Amendment requires the court to quash a subpoena for an Internet subscriber's identifying information, courts in this Circuit have applied the five-factor test set forth in Sony Music, evaluating:
(1) the concreteness of the plaintiff's showing of a prima facie claim of actionable harm;
(2) the specificity of the discovery request;
(3) the absence of alternative means to obtain the subpoenaed information;
(4) the need for the subpoenaed information to advance the claim;
(5) the objecting party's expectation of privacy. See Arista Records, 604 F.3d at 119 (endorsing these factors as “an appropriate general standard for determining whether a motion to quash, to preserve the objecting party's anonymity, should be granted”) (citing Sony Music, 326 F.Supp.2d at 564–65).
Listen to Attorney Steve® discuss Bittorrent lawsuit process
VIDEO: This is another important video if you receive a subpoena from an adult pornographic movie company like Malibu or Strike 3. Click here for more information about Strike 3 Cases.