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Westlaw News

California high court offers roadmap for trial courts in Facebook subpoena case

The California Supreme Court, in a dispute involving Facebook Inc over the rights of criminal defendants to pretrial discovery of social media records, declined in a ruling Thursday to resolve a set of thorny constitutional and other substantive issues raised in the case.

But in remanding the case, the state’s high court found a trial court had “abused its discretion” in denying Facebook’s motion to quash a subpoena, and the ruling set out seven factors that trial judges should explicitly weigh when ruling on a motion to quash a subpoena directed to a third party.

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