F R C P 45 - Motion to Quash Subpoena explained by Attorney Steve®

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WHAT YOU NEED TO KNOW ABOUT QUASHING A SUBPOENA

Contact us if you need to respond to a subpoena. There can be VERY STRICT DEADLINES that can greatly impact your legal rights. Click on the link above or call (877) 276-5084.

2020 UPDATE: MAKE SURE TO CHECK OUT MY STRIKE 3 SUBPOENA RESPONSE SURVIVAL GUIDE: https://www.linkedin.com/pulse/receive-strike-3-subpoena-heres-what-you-need-know-vondran-esq-/

In this Litigation Whiteboard® episode, Attorney Steve®, the IP, software & copyright infringement lawyer explains FRCP Rule 45 "Motion to Quash" subpoenas. When a subpoena is issued by a Court, this becomes a COURT ORDER requiring the party receiving the subpoena, or other third parties, to file a motion to QUASH the subpoena, which essentially means to make the subpoena null and void.

For example, in cases involving Strike 3 Holdings, LLC or Malibu Media, LLC (two companies who have filed thousands of copyright infringement lawsuits in the United States), they have been known to file a lawsuit in Federal Court (such as the Central District in California or the Northern District of California), and seek "early discovery" in the form of sending a SUBPOENA to an unknown persons internet service provider (ISP).

Their goal is usually to get the name and address of the subscriber and to try to find out if they are the infringer of their adult porn movies (ex. Tushy, Blacked, Vixen, X-art videos). If so, they can be pursued in a court of law or an out-of court-settlement can occur. In these instances, many internet subscribers have wanted to remain anonymous and have filed a "motion to quash" the subpoena to try to keep their information private.

These motions to quash are becoming increasingly important in Florida Miami-Dade County Court where Strike 3 is filing what's known as a "Bill of Discovery" seeking the name and address of an internet subscriber. Many parties are stepping up to quash these subpoenas and recently we just viewed a motion to quash that was not pursued by Strike 3 legal counsel, at least in that Court.

So, the motion to quash is a very valuable tool in the litigator's toolbox and it can be the difference between dealing with a large settlement or possibly having them not oppose the motion to quash.

Note: We are not licensed to practice law in Florida or give legal advice about the "Bill of Discovery" being filed, but we do work with a local firm that can assist certain clients. If you received a subpoena letter in the mail,. and it gives you a specific timeframe to respond to a subpoena, it is always best to discuss your case with copyright litigation counsel before watching your deadline to respond expire.

We are licensed to practice law in CA and Arizona and have been admitted to all the Federal Courts in California, and select courts in Arizona, Texas, and New York. We do not seek to solicit other clients outside these areas.

For more information about Strike3 Holdings and Malibu Media cases click here: https://www.linkedin.com/pulse/what-you-need-know-strike-3-holdings-llc-copyright-vondran-esq-/

Call us for a free initial consultation if you are facing legal action for copyright infringement via BitTorrent file sharing. As we like to say - You CLICK, We DEFEND®