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Motions to Modify Federal Subpoenas Seeking Electronically Stored Information
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Dealing with Overly Broad Subpoenas for Electronic Evidence
Getting your hands on the right evidence can make or break a case. As a lawyer, you want all the relevant emails, texts, and documents that the other side has. But you can’t just demand everything they’ve got! That’s where “subpoenas” come in – these court orders let you request evidence from the opposing party. However, your subpoena can’t be too vague or overly broad. Otherwise, the other side will ask the judge to “quash” or limit it.This article will cover how to challenge ridiculously broad subpoenas, as well as how to write reasonable requests in the first place. We’ll look at real examples too, so you can see these strategies in action. Let’s dive in!
When Subpoenas Go Overboard
Under Rule 45, courts should quash subpoenas that are too much of a burden to comply with. With massive amounts of electronic evidence, it’s easy to go overboard. Demanding “all documents related to X” is often unreasonable, even if some docs are relevant.The court looks at stuff like:
- Is this evidence really needed, or is the subpoena just a fishing expedition?
- How hard will it be for the other side to gather all this material?
- Is the request super vague and broad?
If the subpoena seems ridiculous, the judge may force you to narrow it down. But you can also take steps to modify an over-the-top subpoena before going to court.
Strategies for Reeling In Crazy Subpoenas
If you’re slapped with a massive subpoena, you’ve got options to fight it:
- File a motion to quash the entire ridiculous subpoena.
- Ask the court to modify the subpoena and make it more reasonable.
- Confer with the other lawyer to explain your issues and try to compromise.
- Offer to produce a smaller sample of documents first to show how burdensome the full request would be.
- Demand that the other party pay for the costs of gathering all the info they want.
The key is showing the judge exactly why the subpoena imposes an undue burden on you. The more precise you can be, the better!
Tips for Writing Reasonable Subpoenas
On the flip side, you’ve gotta be careful about overreaching with your subpoena requests:
- Narrow it down with specific search terms, date ranges, and data sources.
- Only ask for communications about certain events or issues.
- Stick to objective stuff like contracts and financial records.
- Steer clear of massive asks like “all documents related to Topic X”.
- Be reasonable about time frames. Do you really need 20 years of records?
It’s all about targeting the evidence you truly need. If you write a focused subpoena, it’ll hold up better in court. You can still negotiate the scope in good faith later on.
Seeing These Principles in Action
Looking at recent cases helps illustrate how courts deal with overbroad subpoenas:
- Blanchard v. Anheuser-Busch: The court limited a subpoena for “all documents about plaintiff” to just docs on his employment and firing.
- Ferguson v. Ferrellgas: A ridiculous request for all texts over 5 years was narrowed down to just communications about the plaintiff and his work facility.
- In re UNC Investigation: A subpoena for all docs on a long investigation was shortened from 5 years to 6 months.
The takeaway? Courts will force overbroad subpoenas to be reined in. But if you’re reasonable from the start, you can get the evidence you need without a fight.
The Key Things to Remember
- Motions to modify subpoenas are common with electronic evidence.
- Clearly explain how complying would burden you if challenging a subpoena.
- Craft tailored, specific requests if you’re issuing a subpoena.
- Stay flexible and cooperative during the meet and confer process.
With a balanced approach, you can get the best evidence without causing headaches! Now you’ve got strategies to handle even the broadest subpoena.