Subpoena for Emails (deposition on my boss's divorce)

[cathysimplyrocks]

Jurisdiction

Idaho

My boss is going through a nasty divorce. I have just been informed that they are going to serve me papers requiring me to appear for a deposition. They are asking for me to bring with me a ton of documents. Most have to do with the accounting for her business but they are also asking me to bring copies of every email we have ever exchanged and every email I have ever mentioned her in. Also they are asking for any documents I have obtained while assisting her with the divorce.

My question is - Does that violate some sort of privacy law? I mean what if there was an email with login and password info or something about the case that I sent to her attorney that she doesn't want disclosed. Just wondering if this is something they can legitimately ask for. Also, what if I emailed her something personal, about my health, etc.?

 

[ElleMD]

What does the actual subpoena state you need to produce? I sincerely doubt it asks for every email you have ever sent. And no, complying with a subpoena is not violating any privacy law. You can ask whomever sent it to clarify what is really necessary if it is unclear.

 

[adjusterjack]

they are going to serve me papers

There is no "going to serve" there is only serve or not serve.

Until you are actually handed the subpoena you don't have to do anything, say anything, or provide anything and I suggest you just keep your mouth shut until you are handed the subpoena.

What "they" are asking for now is meaningless until you are served.

Does that violate some sort of privacy law?

No. Even if there was such a "privacy law" a subpoena would trump it and, at a deposition, you would be answering questions under oath and would have to answer any questions put to you and provide any information or documentation asked of you.

 

[cathysimplyrocks]

There is no "going to serve" there is only serve or not serve.

Until you are actually handed the subpoena you don't have to do anything, say anything, or provide anything and I suggest you just keep your mouth shut until you are handed the subpoena.

What "they" are asking for now is meaningless until you are served.



No. Even if there was such a "privacy law" a subpoena would trump it and, at a deposition, you would be answering questions under oath and would have to answer any questions put to you and provide any information or documentation asked of you.

I say going to serve because my boss received a copy of the Subpoena before they have had a chance to serve me personally the papers.

 

[cathysimplyrocks]

What does the actual subpoena state you need to produce? I sincerely doubt it asks for every email you have ever sent. And no, complying with a subpoena is not violating any privacy law. You can ask whomever sent it to clarify what is really necessary if it is unclear.

Yes it says "Copies of any and all emails or internal written documentation reflecting communication or any other contact between yourself and *****....." It does give a date range but the start date was before I had ever met her or worked for her.

 

[ElleMD]

Wait until you are actually served with the subpoena. Your boss's attorney will likely be challenging the scope and that may not be what you actually have to produce.

 

[adjusterjack]

I say going to serve because my boss received a copy of the Subpoena before they have had a chance to serve me personally the papers.

Doesn't count.

Until you are properly served, do nothing and say nothing.

If your boss gives you a copy, you ignore it because it's not proper service.

 

[txls]

Definitely review with her attorney before sending anything. The initial request for production of documents will often ask for the moon and the stars just to see if they can get it. The opposing attorney should protest such a huge scope and try to bring them to back down to earth.