Posted: Mon Aug 09, 2010 4:59 pm Post subject: Who can issue the Preservation Request to ISPs?
This is a civil case in California and I am representing myself. My question is who can issue the Preservation Request to the ISPs: myself, a CA licensed attorney or must it be a court order?
What I want to do is to request Hotmail and Yahoo to preserve the email accounts belonging to the opposite party. Without the Preservation Request, the opposite party will have plenty of time to delete all the relevant emails once served the Notice to Consumer, which must be served before serving the subpoena to the ISPs.
I have an attorney as limited scope representation but the attorney knows nothing about e-discovery and was really confused when I proposed to get an ex parte injunction to preserve the email accounts. I would like to seek the professional help from someone with experence on such issue, but it looks like that most of e-discovery people only take business cases.
I'm assuming each ISP will be different on what they will accept - either a formal letter from your attorney or a court order. I am pretty sure they will *NOT* accept anything from you as a Plaintiff or Defendant. The location of the ISP and the jurisdiction your attorney/court may have could also be a factor.
That being said - you should probably contact the ISP and ask them to get you in touch with Legal or Legal Compliance etc and ask them what their policy and procedure is and follow that.
Regardless, I do know that certain information is *NOT* made available in civil cases which would otherwise be made available to Law Enforcement pursuant to a court order, subpeona or other paper.
Std Disclaimer: Not a lawyer, don't play one on tv; did not sleep at a Holiday Inn last night etc etc etc
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