Another Facebook subpoena case was issued in the California Supreme Court today (Facebook, Inc. v. Superior Court, S245203.) Unfortunately the Supreme Court would decide the real issues we all care about such as the constitutional/statutory issues because the Court was concerned about whether there was a good cause to issue the subpoena anyway. But, the Court set forth seven factors for trial court’s to consider when deciding whether to issue a subpoena for social media:
(1) Has the defendant carried his burden of showing a
“ ‘plausible justification’ ” for acquiring documents from a third
party … by presenting specific facts demonstrating that the subpoenaed documents are admissible or might lead to admissible evidence that will
reasonably “ ‘assist [the defendant] in preparing his defense’ ”?
(2) Is the sought material adequately described and not
(3) Is the material “reasonably available to the . . . entity
from which it is sought (and not readily available to the
defendant from other sources)”?
(4) Would production of the requested materials violate a
third party’s “confidentiality or privacy rights” or intrude upon
“any protected governmental interest”?
(5) Is defendant’s request timely?
(6) Would the “time required to produce the requested
information . . . necessitate an unreasonable delay of
(7) Would “production of the records containing the
requested information . . . place an unreasonable burden on the