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How to Subpoena an Out-of-State ISP

If you are the party to a lawsuit, you may wish to obtain information stored in a database owned by an Internet service provider (ISP), such as customer records or emails. Even if your lawsuit is pending in state court, federal law prohibits a party to a civil lawsuit filed by a party who is not a government agency from obtaining information from an ISP about a customer. However, if you have named the ISP in your civil lawsuit, you may file a subpoena against an out-of-state ISP.

Instructions

    • 1

      Figure out whether you can subpoena the out-of-state ISP. Federal law, specifically the Stored Communications Act, regulates the discovery of an ISP's records. Under the Stored Communications Act, an ISP cannot disclose communications made by subscribers to any person, unless subpoenaed by a grand jury or governmental agency at trial. An ordinary party to a civil law suit cannot subpoena records from a non-party ISP, regardless of whether the ISP is located out-of-state. If you are the party to a civil law suit and wish to discover communications or customer records stored by an ISP, you will need to subpoena them directly from the person.

    • 2

      Find the address of the registered agent of the out-of-state ISP. While the ISP you wish to obtain records from may be headquartered out-of-state, the ISP will be required to maintain a registered agent in any state where they wish to conduct business. Check with the state agency where businesses are required to register in your state to determine if the ISP maintains a registered agent in the state where litigation is pending. If the out-of-state ISP does not maintain a registered agent in the state where litigation is pending, check with the agency where businesses are required to maintain a registered agent in the state where the ISP is headquartered.

    • 3

      Obtain a subpoena form from the court where your case is pending. Because a subpoena is a routine court procedure, most courts will provide a standard subpoena form. Most state judiciary agencies will also make the subpoena form available on its website.

    • 4

      Fill out the subpoena form. While the content required in a subpoena form varies by state, you will need to provide the name of any plaintiffs and defendants to the case, as well as the case number. Specifically indicate the records you wish to request, such as the records for specific customers or emails, as well as the time, place and manner you wish for the records to be delivered. Sign and date the subpoena form.

    • 5

      File the subpoena form. Depending on the court, the cost of filing a subpoena may range between $40 and $100.

    • 6

      Serve notice of the subpoena on the ISP's registered agent. Depending on the state where you are filing the subpoena, you may be required to serve the subpoena by registered mail or personal service. Check with the clerk of court to determine the permissible methods of service.

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