Subpoena Policy

1. Our three commitments

We wrote this policy with three commitments in mind:

1. You will know. Whenever we are legally permitted to tell you that we have received a demand for your data, we will.
2. You will have time. We build a meaningful window into our response, so you can move to quash, assert privilege, or take whatever protective steps your matter requires.
3. We will resist when it matters. Our default is to facilitate your defense rather than mount our own. But for certain categories of demand, we will challenge directly — at our own cost — because we have our own interest in resisting them.

2. How to serve a subpoena or legal demand on Evidentix

All legal process directed at Evidentix or Evidence Analyzer, LLC must be served on our registered agent:

Caldwell Law Firm, P.C.
2001 Timberloch Place, Suite 500
The Woodlands, Texas 77380

We do not accept service of legal process by email. However, you may send a courtesy copy of any served subpoena or demand to legal@evidenceanalyzer.com to expedite our internal handling.

Consistent with our Terms of Use, we accept service of legal process only where issued by a court of competent jurisdiction located in Montgomery County, Texas, except where applicable law requires us to respond to process issued from another forum. We reserve the right to move to quash any subpoena issued outside Montgomery County, Texas, at the user’s expense if the user is a party to the underlying proceeding, or at our expense in other circumstances.

We respond only to legal process issued by United States courts, federal or state agencies acting under United States law, or arbitrators sitting in the United States. Foreign legal demands must be domesticated through a United States court or pursued through the Mutual Legal Assistance Treaty (MLAT) process. We will respond to a properly domesticated demand under this policy in the same manner as any other United States legal process.

3. What we will do: notification

The moment we receive a subpoena, search warrant, court order, civil investigative demand, or any other legal demand for your data, we will notify you in writing — by email to the address on your account — unless a court order or statute explicitly forbids us from doing so. Examples of demands that may legally bar notification include sealed grand jury subpoenas, certain National Security Letters, and orders specifically directing non-disclosure.

If we are legally barred from notifying you, we will tell you as soon as the bar lifts.

We will include in our notification: a copy of the demand, the response deadline stated in the demand, and the date by which we will respond if you take no action.

4. What we will do: the response window

After we notify you, you will have fourteen (14) calendar days, or the response deadline stated in the demand minus five (5) business days, whichever is shorter, to take protective action. During this window, we will hold the demand in abeyance and produce nothing.

The “whichever is shorter” rule exists because some subpoenas demand production on very short notice. If a demand requires production within ten days, we cannot give you fourteen — we can give you whatever the demand permits, minus the time we need to actually respond. We will tell you in our notification exactly which deadline applies.

If during this window you file a motion to quash, a motion for a protective order, or any other challenge that stays our obligation to respond, we will hold production until the court rules — provided you have given us written notice of the filing.

5. What we will do: when we resist directly

Our default is to support your challenge rather than file our own. You are the party with standing to assert privilege over your own evidence and work product, and our role is to facilitate that defense — not duplicate it.

We will, however, resist a demand directly, at our own cost, in any of the following three situations:

1. Facially overbroad demands that reach multiple users’ data. When a single demand sweeps across the data of users who have nothing to do with the underlying matter, we have our own institutional interest in resisting and our own standing to challenge.
2. National Security Letters and other statutory secret demands. Where the law permits us to challenge a non-disclosure order or the underlying demand, we will.
3. Demands that appear to violate the Stored Communications Act, the Electronic Communications Privacy Act, or other governing statute. We will not produce data in response to a demand we believe is statutorily defective.

In all other situations, we will produce data in response to a facially valid demand after the response window expires, unless we have received written notice that you have filed a challenge.

If you would like us to actively resist a demand outside of these three categories, we will do so on a paid basis, with legal costs passed through to you at our actual cost. We will provide you a written estimate before incurring any cost on your behalf and will not exceed the estimate without your further written authorization.

6. How we treat different categories of data

Not every category of demanded data raises the same privilege or confidentiality concerns. Our resistance posture varies accordingly.

Original evidence files — maximum resistance

The photos, videos, documents, and other files you upload for authentication are the highest-stakes category. They are the actual evidence in your matter, and they are most likely to carry attorney-client privilege, work-product protection, or client confidentiality.

For demands seeking original evidence files, we will: (i) notify you immediately; (ii) trigger the full response window; (iii) treat the demand as presumptively requiring active resistance even outside the three defined categories above, particularly where you have flagged the matter as privileged at the time of upload; and (iv) cooperate fully with any privilege assertion you make.

Integrity Certificates and Custody Records — standard policy

The reports we generate for you. These are typically less sensitive because (i) you already have a copy, and (ii) they are designed to be produced in support of authentication. Standard policy applies: notification, response window, passive cooperation by default with active resistance reserved for the three defined situations.

Metadata and custody logs — standard policy with privilege flag

The chain-of-custody data and case-association metadata that powers Custody Monitoring. Standard policy applies, but with one specific addition: production of custody logs may itself disclose privileged information, including the existence of an investigation, the timing of evidence collection, or the identity of a client. When we receive a demand for custody log data, we will specifically flag this concern in our notification so you can assess whether to assert privilege over the logs themselves.

Account information — notification with expedited compliance

Your name, email, billing information, and similar account records. We still notify you immediately, and we still observe the response window. But after the window expires, we will produce account information in response to a facially valid demand without further resistance. Account information is generally not privileged, and the typical demand for it is a civil litigant trying to confirm that an opposing party is a user — a matter that does not warrant institutional resistance.

Access logs — notification with expedited compliance

Logs of when you logged in, what you accessed, and from where. Treated the same as account information: notification, response window, and then production after the window expires.

7. What we cannot produce

Evidentix can only produce data that exists. Our retention practices are described in our Privacy Policy. When we receive a demand for data that has been deleted from our systems — whether because you deleted it, because you closed your account, or because it has aged out of our hosting provider’s backup-retention windows — we will respond by certifying, in writing and under oath if required, that no such data exists in our systems.

Note that the chain-of-custody log itself is cryptographically chained and retained indefinitely, as described in our Privacy Policy. A demand for custody-log entries documenting actions previously taken with respect to deleted Content may still return data even after the underlying file has been deleted.

8. Cost recovery

Routine subpoena response — notification, the response window, production of facially valid demands, cooperation with your defense — is absorbed by Evidentix at no cost to you.

Active subpoena defense in any of the three defined situations described in Section 5 above — overbroad demands, National Security Letters, and statutorily defective demands — is absorbed by Evidentix at no cost to you.

Active subpoena defense at your specific request, outside of those three situations, is provided on a pass-through basis at our actual legal costs. We will provide you a written estimate before incurring any cost on your behalf and will not exceed the estimate without your further written authorization.

9. What this policy does not change

This policy describes our response to legal demands. It does not change:

• Your obligations under your own bar’s rules of professional conduct, including obligations of competence, confidentiality, and supervision of non-lawyer service providers.
• Our Terms of Use, which govern your relationship with us generally.
• Our Privacy Policy, which describes what data we collect, how we use it, and how long we retain it.

We have done our best to align this policy with the realities of legal practice and with the privilege and confidentiality obligations that attorneys carry. We are not your lawyer. Nothing in this policy is legal advice for your matter, and nothing here creates an attorney-client relationship between you and Evidentix or Evidence Analyzer, LLC.

10. Questions

If you have questions about this policy before any demand has been served — for example, as part of vendor due diligence at your firm — please contact legal@evidenceanalyzer.com. We are happy to discuss the policy with bar counsel, ethics counsel, IT security teams, or anyone else evaluating Evidentix for use in your practice.

If you are responding to a notification we have already sent you about a specific demand, please use the response instructions and contact information in that notification.

This policy is published by Evidence Analyzer, LLC, a Texas limited liability company, operator of the Evidentix™ platform. It is reviewed annually and updated as needed. The currently effective version is always available at evidenceanalyzer.com/subpoena-policy. Material changes will be communicated to active customers by email at least thirty (30) days before they take effect.