Requesting AppClose records through legal process

Before issuing a subpoena, consider the faster route: any U.S. account holder can generate Certified Electronic Business Records themselves, in minutes, and share them with you or the court. A subpoena to AppClose produces the same records with a Business Records Affidavit, but takes longer.

How to serve AppClose

AppClose is a Delaware corporation with its principal executive offices in Austin, Texas, where its records are maintained, and it is registered to do business in Texas. Its agent for service of process in Texas is Registered Agents, Inc., 5900 Balcones Drive, Suite 100, Austin, TX 78731.

AppClose accepts and processes a subpoena issued and served under the Texas Rules of Civil Procedure, including an out-of-state subpoena served under Rule 201.3 (the Texas form of the Uniform Interstate Depositions and Discovery Act), and a valid, properly served law enforcement summons, search warrant or subpoena.

You may email a PDF of a subpoena or court order to legal@appclose.com, but emailing it is not service. AppClose may accept service of an emailed subpoena voluntarily, at its sole discretion, and is more likely to do so when the request follows the recommendations in the Policy. Under Texas law, service on a Texas resident attempted solely by certified mail is not effective, whether the subpoena comes from a Texas court or from out of state.

Identifying the account

Identify the account by the email address associated with it, and state the date range and the categories of records you need. A person's name or date of birth alone is not enough for AppClose to locate an account; in some cases a phone number can be used.

HIPAA authorization

As a condition of accepting service by email, a civil subpoena must be accompanied by a HIPAA-compliant authorization signed by the requesting co-parent, covering that co-parent and every child entered in the app. A separate signed form is required for the co-parent and for each child. The Policy attaches the standard Texas Attorney General form as Annex C, with completion guidelines; any other authorization that complies with HIPAA, the Texas Medical Privacy Act and applicable law is also accepted.

Records of the other co-parent

Records produced for the requesting co-parent's account automatically include the communications the other co-parent sent to them. Records or personal information unique to the non-requesting co-parent's account — "Adverse Party Records" — are not produced without a court order signed by a judge, a court-approved confidentiality agreement or protective order for that party's benefit, or other assurances satisfactory to AppClose that the adverse party has been notified and has had an opportunity to seek protection. Where a request reaches Adverse Party Records, AppClose generally will not accept service by email.

What to expect

Allow up to 10 days from the date AppClose has all required documentation. A notarized affidavit takes additional time; by default the Business Records Affidavit is an unsworn declaration under penalty of perjury, which is accepted in place of a sworn affidavit in most proceedings. There is no charge for the affidavit or the records.

AppClose does not read, screen or review records before producing them, and does not redact them for privilege, personally identifiable information, protected health information or information about children. What is withheld, redacted or produced under seal is decided by the parties and the tribunal. Counsel receiving the records should consider their own obligations regarding the sensitive information those records may contain.

Certified record production does not include call recordings or transcripts. Those are available only to the participants in the call, who download them in the app; a client must download them before closing an account, because closure ends that ability.

AppClose gives notice of legal process where the law requires it. Some law enforcement process prohibits notice. Do not assume that you or another account holder will be notified.

For the full requirements, see the AppClose Certified Records and Subpoena Policy.