General Question

TaoSan's avatar

In the State of Arizona, can a company charge you a "Subpoena Fee" if you subpoena them to provide information in a civil case?

Asked by TaoSan (7103points) February 26th, 2009

I recently got ripped off online purchasing some software, namely, the promised “product” was indeed a link to an Open Source application the original author is giving away free for non-commercial use. Turns out the domain where I got scammed is registered via a company called “Domains by Proxy”

Trying to get these little con artists, I ended up on aforementioned companies, I ended up here

Basically this says if you subpoena us to give you contact information of our “anonymous” clients, we will charge you for it.

Is this legal, or just scare tactics?

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3 Answers

Darwin's avatar

They certainly can charge you a subpoena fee by state law but not specifically as high a fee as mentioned in their policies:

“7.
MAKE PAYMENT OF $12.OO/DAY AND .2O/MILE TRANSPORTATION TO THE PERSON SUBPOENAED.
The law requires that you reimburse anyone you subpoena in the amount of $12.00 per day (witness fee) and 20 cents per mile for transportation (one way). These fees must be paid when the subpoena is served.”
( www.azoah.com/Subpoena%20Form.pdf )

Any company that has to include such language in their policies is one that expects to be subpoenaed often. I also suspect that they are very well lawyered up and so their policy is perfectly legal in that they are allowed to be reimbursed what it costs them to come up with the information you are seeking.

You can always sue them and find out what the court thinks.

I am SO glad I don’t live in Arizona any longer.

TaoSan's avatar

Thanks Darwin!

That’ll work. I’ve had it with these little scammers and connivers left and right.

It’s only 29.95, but I’m so fed up with scumbacks trying to milk, I’ll see this through.

Darwin's avatar

Good luck!

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