Subpoena Policy - Attorney Tips

WURK - SUBPOENA POLICY/ATTORNEY TIPS

Last Revised: 06/12/2024

WURK's Privacy Policy prohibits the release of customer or account information without express permission from the customer, except when required by law, to conform to the edicts of the law, or to comply with legal process properly served on WURK or one of its affiliates.

If you seek the identity or account information of a WURK customer in connection with a civil or criminal legal matter, you must fax, mail, or serve WURK with a valid subpoena. For criminal matters, you must be a member of the law enforcement community.

Submission of Subpoenas

WURK is head quartered in................,  and all subpoenas should be served at that location or mailed to:

Compliance Department
WURK

Alternatively, the subpoena can be emailed to:

l info@wurk.co.za
Attn: Compliance Department

Policies Regarding E-mail

WURK will not produce the content of e-mail, as the Electronic Communications Privacy Act,  prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. WURK's e-mail servers do not retain deleted or sent e-mail.

WURK reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the WURK e-mail address is related to the pending litigation and the underlying subpoena.

Terms Specific to Civil Subpoenas:

Notice to Customer and Response Time

Upon the receipt of a valid civil subpoena, WURK will promptly notify the customer whose information is sought via e-mail or S.A. mail. If the circumstances do not amount to an emergency, WURK will not immediately produce the customer information sought by the subpoena and will provide the customer an opportunity to move to quash the subpoena in court. WURK reserves the right to charge an administration fee to the customer by charging the Payment Method the customer has on file with WURK.

Fees for Subpoena Compliance

WURK will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the WURK invoice. Cheques should be made out to WURK.

WURK's subpoena compliance costs are as follows:

Research - R1,351.36/hour

Federal Express - Cost as Billed

Copies - R4.51/page

Treatment of Confidential Information

Documents and information produced by WURK in response to a subpoena may contain confidential, proprietary, trade secret, and/or private information that warrants special protection from public disclosure. Any such documents will be designated “CONFIDENTIAL” by a stamp affixed to the documents at issue, and must be given confidential treatment by all persons and entities that access them. Confidential treatment includes the following:

First, access to CONFIDENTIAL documents must be limited to the parties in the underlying action pursuant to which the subpoena was served, their agents, and the court and its personnel. 

Documents designated as CONFIDENTIAL may be used during the deposition of a witness in the underlying action to whom disclosure is reasonably necessary, provided that any deposition testimony related to CONFIDENTIAL documents or portions thereof is designated “CONFIDENTIAL” and afforded treatment in the manner required by this provision.

Second, CONFIDENTIAL documents must not be filed in the public record absent a reasonable attempt to ensure the filing of such documents, and any references thereto, under seal. 

A party that seeks to file any motion, brief, or other document that attaches or refers to any CONFIDENTIAL document or portion thereof must take the steps necessary to request a court order sealing the CONFIDENTIAL information at issue. If the court denies a motion to seal made pursuant to this Subpoena Policy, the party may file the document(s) at issue normally, unless otherwise instructed by the court.

Third, CONFIDENTIAL documents produced in response to a subpoena may not be used for any purpose other than prosecuting or defending the action in which the subpoena is served, and must be destroyed within sixty (60) days after the final disposition of the underlying action. 

The person or entity that submits the subpoena is responsible for ensuring that each person or entity to whom any CONFIDENTIAL documents were made available complies with this requirement.