This post was originally published in 2011 and has been updated to reflect current practices and legal issues around obtaining information from Facebook and Meta platforms in civil litigation. Updates are noted in red.
I have been asked about obtaining account information from Facebook in a civil lawsuit. This is an interesting issue, e.g. whether you can get information from Facebook itself. (This would be when privacy settings are such that you cannot see the data yourself, or you don’t have access to the data through other legitimate means.)
You can certainly, if the information is relevant, ask a Judge to compel a Facebook user to hand over the information in his or her Account. But getting the information from Facebook itself in a civil case is something different.
Facebook will provide information about an account only to the extent that it feels is legal under the Stored Communications Act, 18 U.S.C. § 2701 et seq. This means that Facebook will provide, “only provide basic subscriber information (not content) to a party in a civil matter only where: 1) the requested information is indispensable to the case and not within the party’s possession; and 2) you personally serve a valid California or federal subpoena on Facebook. Out-of-state civil subpoenas must be domesticated in California and personally served on Facebook’s registered agent.”
Facebook states, “Federal law prohibits Facebook from disclosing user content (such as messages, Wall posts, photos, etc.) in response to a civil subpoena.”
Generally, in a civil case, Facebook won’t hand over the information contained within the Account. Only information about the Account, such as who owns it, and then only under appropriate circumstances.
As of 2026, Facebook continues to resist direct production of user content in civil cases, and many courts recognize the limitations imposed by the Stored Communications Act, although outcomes can vary by jurisdiction and context.
What Facebook Will and Will Not Produce in a Civil Case
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Will produce: basic subscriber information (account identifiers, registration data), when properly subpoenaed.
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Will not produce: user content such as messages, posts, photos, and timeline content in response to a civil subpoena.
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Why: the Stored Communications Act prohibits disclosure of content without consent or a statutory exception.
Current Civil Discovery Practice for Social Media Evidence
Here are the tactics attorneys are using as of 2026.
1. First ask the user to produce the data
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Have the opposing party or client download and produce their own Facebook information using Meta’s “Download Your Information” tool.
2. Preserve early
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Send a preservation letter to opposing counsel to prevent deletion of relevant social media evidence as soon as it becomes apparent that the account may be relevant. Preservation is a standard practice in electronic discovery.
3. Use discovery requests before third-party subpoenas
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In practice, courts often expect parties to pursue discovery directly from the account holder through ROGs, RFAs, and RFPs before attempting third-party subpoenas to social media providers.
Current Civil Discovery Practice for Facebook Evidence (2026)
Some current best practices include:
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Public posts and screenshots: Public content is discoverable like any other evidence and can be captured and authenticated.
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Private content: Typically, must be obtained via the account holder’s production or with their consent, or by court order compelling them to produce it (not directly subpoenaing Facebook for content). Even when a court orders a party to produce their own social media content, scope, relevance, and proportionality limits still apply.
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Metadata and authentication: Screenshots, metadata, and social media records need careful authentication for admissibility.
Once You Get the Data, What Next?
Facebook’s position on authentication
Once you obtain the information, Facebook states, “the account owner, or any person with knowledge of the contents of the account, can authenticate account content. Further, under federal and California law, business records produced by Facebook are self-authenticating.”
Why this is not as simple as it sounds
I must admit to finding this troubling. Data can be altered, so what if you Download the Account, but don’t know about the alterations, or cannot prove them?
I find myself wondering how this will work out in the end. Attorneys will want the data, and it is clearly useful. On the other hand, Facebook is stuck in a bit of a rock and a hard place with the law relating to stored communications. It is understandably unwilling to hand out the data, but there is no doubt it is compelling information that can be helpful or harmful to the account owner. Obviously, the account owner will be happy to give up the data when it is helpful; not so willing when harmful. This tension has only increased as social media evidence becomes more central in civil litigation, and it is an area where further judicial and legislative clarification would not be surprising.
The Stored Communications Act and Facebook Content
As noted earlier in the post, the Stored Communications Act is the basis under which Facebook and other social media sites refuse to provide content of user accounts.
- The SCA generally prohibits disclosure of contents of communications, such as messages or posts, in response to a civil subpoena.
- Third parties, including Facebook, typically defend against civil subpoenas for content by asserting this statutory protection.
- Practitioners often need to obtain content from the party (e.g., through direct production or a court order compelling consent) rather than directly from Facebook.
Frequently Asked Questions about Facebook and Civil Discovery
Can you subpoena Facebook for private messages in a civil case?
Generally, no. The Stored Communications Act prohibits Facebook from disclosing the contents of communications in response to a civil subpoena.
How do lawyers obtain Facebook messages in civil litigation?
Typically, by requesting production from the account holder, with consent, or by court order compelling the party to produce their own content.
What information will Facebook provide in response to a civil subpoena?
In limited circumstances, basic subscriber information, but not user content.
How to Export a Copy of your Facebook Account
According to Facebook, this is the process for exporting a copy of a Facebook account.
- Click on your profile picture in the top right, then click Settings & privacy.
- Click
Settings.
- Click Accounts Center, then click Your information and permissions.
- Click Export your information.
- Click Create export.
- Select the profile you’d like to export information from.
- Select Export to device.
- From here, you can choose specific info to export, select a date range, format, the notification email and media quality.
- Once you have customized your export, click Start export.