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drphibes
Viewer

Obtaining a subpoena

We are currently working to get a subpoena to obtain ownership information of a specific IP address from the ISP.  We have local law enforcement working on this.  Any idea how long the process to obtain the subpoena usually takes?  Also, any idea how long it usually takes to actually obtain information from the ISP once the subpoena has been server?

Thanks!

3 Replies
denbesten
Community Champion

Re: Obtaining a subpoena

Ask your local law enforcement contact for an estimate.  They are much better poised to answer such a question than anyone not involved with the particular court.

 

That said, if TV dramas are to be believed, one can wake a judge for immediate permission for the SWAT team to deploy a nerd who instinctively knows the correct screen.  Said nerd then typically gets in on his 3rd password-guess and is able to retrieve the information before the next commercial break 😀.

Caute_cautim
Community Champion

Re: Obtaining a subpoena

@drphibesIt really depends on how good a relationship you have with the ISP.   Plus whether or not you engage in a specialist lawyer in such matters, to guide you and provide the relevant words required to unlock such requests as quickly as possible.   I would expect at least 5-7 business days, lawyers often want to work a four to five day week, if they can. 

 

Looking up according to a Berkley.edu link:  It can be a lot more:

 

"For a Notice to Attend AND Bring Documents: You must have it served by mail at least 25 days before the court date. If it is delivered in person, it must be served at least 20 days before the court date. A judge may order a shorter time for service, but you must ask for it."

 

https://chancellor.berkeley.edu/about/offices/legal-affairs/FAQs

 

https://www.lexology.com/library/detail.aspx?g=1d6d39a3-db07-4d1d-a017-0c7e6cd5c973

 

https://www.arin.net/about/relations/law_enforcement/

 

 

 

Regards

 

Caute_cautim

Martinezz
Viewer

Re: Obtaining a subpoena

Complete the subpoena form.

Prepare a declaration under penalty of perjury.

Briefly describe the documents you need and why they are necessary to prove issues involved in the case. ...

Have a subpoena issued by the small claims clerk.

MCDVOICE