Dallas, TX asked in Consumer Law and Civil Litigation for Texas

Q: Hi there,I was wondering if somehody could determine the likely outcome for this scenario.

A university or professor sues a student for posting a test onto a course sharing website for copyright infringement. During the proceeding, the professor or university wants to subpoena the identity of the poster and viewers of the test that poster posted; would this subpoena be granted? Would it be refuted? Would it be overbroad?

1 Lawyer Answer
Michael I. Leonard
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A: In the context of a civil lawsuit, a Subpoena for the production of documents is only needed if the intended recipient of the Subpoena is NOT a party to the lawsuit. Otherwise, if the documents are being sought from a party to the case, then a Request for Production of Documents would instead be issued. Either way, the request would generally be viewed as follows - are the documents sought to be produced potentially relevant to any claim or defense in the case, or otherwise reasonably calculated to lead to the discovery of evidence admissible at trial.

Tim Akpinar agrees with this answer

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