Subpoena for Phone Records

CrystalNH

New Member
Jurisdiction
California
Hello. I would like to know if it is possible to request a subpoena for text messages for my Child Custody & Visitation case, in which I already have a court date. There are various messages from the father of the children stating his absences and why, amongst a few other things pertinent to the case. If it is possible to request these records, where do I get the forms for this and where do I submit them?
 
Probably if the texts are available. You can get a subpoena from the court clerk. However, you might want to obtain a lawyer's help with this.
 
Duplicate thread/post.

edited: Another moderator apparently deleted duplicate.
 
Hello. I would like to know if it is possible to request a subpoena for text messages for my Child Custody & Visitation case, in which I already have a court date. There are various messages from the father of the children stating his absences and why, amongst a few other things pertinent to the case. If it is possible to request these records, where do I get the forms for this and where do I submit them?

You can ask the clerk of the court where you locate the necessary forms.
You're asking about a subpoena duces tecum.

But, the other party may resist.
You might have to serve his cellular company.
It would be much easier if you subpoenaed YOUR cellular provider for the texts you received.

You can simply ask your carrier how you get copies of the texts you've received from a certain number or numbers.
 
Note that most providers do not save records of the actual text of a text message, only the date, time, and numbers of the sender and receiver. If you already have the text messages and just want to affirm them through the phone records, great. If you are hoping to find these messages archived somewhere, that is not all that likely with most cell phone providers, and after a period of time they might not be available with those few providers that DO (for some reason) save those messages.
 
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