Legal Question in Civil Rights Law in Massachusetts

Subpoena Infromation from a company in a civil case?

I have a question for you. How difficult is it to subpoena

information from a company if you are dealing with a civil case?

For example, someone leaked the Harry Potter novel online 4 days

before it's release. The leak was in the form of digital images taken

by a digital camera. Unknown to the leaker, the camera's serial

number, make, and model was embedded in the pictures revealing that

the pictures were taken with a Canon 350D camera. So the publishing

house contacted Canon and asked them for the identity of the owner.

Canon refused to cooperate saying it was a violation of their privacy

policy. Since the leaker didn't distribute the book for profit, it

became a civil case.

I guess my questions are...

Is it more difficult to subpoena information from a company in a civil

case as opposed to a criminal one?

Is there any way the publishing company can force Canon to hand over

the information if it's a civil case or are they out of luck?

If this were a criminal case, would it be easier to obtain this information?


Asked on 10/31/07, 9:32 am

2 Answers from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Subpoena Infromation from a company in a civil case?

A subpoena carries the same force whether it is issued in a civil case or a criminal case.

The person involved in this scenario should probably have an attorney.

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Answered on 10/31/07, 9:58 am
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Subpoena Infromation from a company in a civil case?

Whether a person or business entity must comply with a subpoena depends entirely upon a judicial analysis of (1) the (purported) relevance of the information requested, (2) whether there are any applicable privileges or protections against compelled disclosure of the information and, usually in civil cases, (3) the burden of producing the info on the party from whom it is requested.

These questions (usu) arise only in the context of existing litigation, and and for the sitting judge to decide. There are no hard and fast rules other than that.

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Answered on 10/31/07, 1:47 pm


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