Meta Platforms, Inc. Orders

OUT OF STATE CUSTODIAN OF RECORD REQUESTS

The following is the process for out-of-state prosecutors seeking a San Mateo County court subpoena for Meta Platforms, Inc. or a WhatsApp LLC custodian of records for testimony in a criminal prosecution or grand jury investigation, pursuant to California Penal Code § 1334.2:

  1. You must secure a certificate from a judge, under the seal of your court, that there is a criminal prosecution or grand jury investigation pending in that court and that the custodian of records is a material witness whose presence will be required.  A simple subpoena will not suffice.
    1. The certificate must be addressed to the correct entity: Meta Platforms, Inc or WhatsApp LLC.
    2. The certificate must specify the number of days the witness is needed.
    3. The certificate needs to be filed with your clerk’s office and it must be certified. 
    4. The certificate needs to include language that the witness is exempt from arrest and service of subpoenas while in your jurisdiction and that reasonable travel expenses, pursuant to PC §1334.2, will be provided by that local jurisdiction.
  2. In addition to the out of state orders, you should prepare both a Voluntary Waiver of Appearance and a Final San Mateo County Order (templates are at the bottom of this page). 
    1. Voluntary Waiver of Appearance
      1. Meta Platforms Inc.
      2. WhatsApp LLC
    2. Final San Mateo County Order
      1. Meta Platforms Inc.
      2. WhatsApp LLC
  3. Please ensure that the testimony dates in each document match- both allow for mutually agreeable changes.
  4. Once the Out of State Material Witness Certificate and the two San Mateo County documents are complete, submit them in .pdf form directly to Meta Platforms Inc. via their secure law enforcement portal.  The trial or hearing date should be at least three weeks away at this point or Meta Platforms, Inc. or WhatsApp LLC witness may not voluntarily agree to travel for the hearing or trial.
    1. The submission should also address what type of charges the defendant(s) are facing and when the trial or hearing is scheduled to commence. 
    2. Please do not send hard copies to Meta Platforms, Inc. or the San Mateo County District Attorney’s Office.
  5. Meta Platforms, Inc. will respond directly via their secure law enforcement portal. If Meta Platforms, Inc. agrees to provide a custodian of record witness, they will sign the voluntary waiver of appearance form and will send that document back to you via their secure law enforcement portal.
  6. Once you have the signed Voluntary Waiver of Appearance form, please send that document, the Out of State Material Witness Certificate and the Final San Mateo County Order via email to the San Mateo County District Attorney’s Office at ElectronicOrders@smcgov.org. Please ensure that you have provided contact information with your email. 
  7. The San Mateo County District Attorney’s Office will present your orders to a Superior Court Judge in San Mateo County, CA for signature on the San Mateo County Final Order. Once that order is signed, our office will email a copy back to you. Please forward a copy of the signed San Mateo County Final Order to Meta Platforms, Inc. via their secure law enforcement portal.