Civil Lawsuit – Discovery process

[User_e9b5b8d5]

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User_e9b5b8d5
PARTICIPANT
February 23, 2025 at 12:29 pm

Have been following the Justin Baldoni – Blake lively Civil lawsuit.

And I have been shocked how the past messages+emails from many years ago can be summoned via a subpoena. (E-discovery)

Do we even have such procedures in Indian Civil Lawsuits where we can ask for the texts/mails of the opposite party??

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[Superjeevan1561]

S

Superjeevan1561
PARTICIPANT
February 23, 2025 at 12:52 pm

I think it can be done. Sec 65B certificate for authenticity of electronic evidence may need to be supplied alongside

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[User_e9b5b8d5]

U

User_e9b5b8d5
OP
February 23, 2025 at 1:31 pm

oh thank you. Who issues the certificate?

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[Superjeevan1561]

S

Superjeevan1561
PARTICIPANT
February 23, 2025 at 1:32 pm

The person preferring the electronic evidence

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[Happyshark11]

H

Happyshark11
PARTICIPANT
February 23, 2025 at 12:59 pm

Yes. Courts can call upon any person to produce documents or give evidence. The procedure is different for both civil and criminal proceedings.

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[User_e9b5b8d5]

U

User_e9b5b8d5
OP
February 23, 2025 at 1:29 pm

I’m not asking about the person. Can the Judge issue a subpoena asking the cell-phone service provider / Whatsapp to provide the text messages…. Or Google mail in case of asking for emails?

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[Happyshark11]

H

Happyshark11
PARTICIPANT
February 23, 2025 at 1:47 pm

They can. It is not called subpoena though. They can issue summons to produce whatever they want. Your cell-phone provider will provide all the details to the Court, however, things get complicated with whatsapp, gmail etc. These are not Indian companies and can ignore the summons of Indian Courts. This is a big on-going issue and the government is working on it. Our government wants to make it so that even these foreign based services will have to comply but nothing concrete has happened till now.

But there are ways around it like the court issue summons to produce your phone and all devices and direct the police to check all contents.

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[User_e9b5b8d5]

U

User_e9b5b8d5
OP
February 23, 2025 at 9:32 pm

Got it now. Thank you for explaining clearly

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[Happyshark11]

H

Happyshark11
PARTICIPANT
February 23, 2025 at 1:47 pm

They can. It is not called subpoena though. They can issue summons to produce whatever they want. Your cell-phone provider will provide all the details to the Court, however, things get complicated with whatsapp, gmail etc. These are not Indian companies and can ignore the summons of Indian Courts. This is a big on-going issue and the government is working on it. Our government wants to make it so that even these foreign based services will have to comply but nothing concrete has happened till now.

But there are ways around it like the court issue summons to produce your phone and all devices and direct the police to check all contents.

Share

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