Subpoenaed cell phone records

Discussion in 'Expert Witnesses & Investigators' started by Birddog, Apr 29, 2008.

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  1. Birddog

    Birddog New Member

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    In a civil lawsuit that I am not a part of, my cell phone records have been subpoenaed by the lawyer of one of the parties. The subpoena did not give a reason or justification for why they wanted my cell phone records. My question is this, do have I have to provide them with my cell phone records when I am not even a part of this lawsuit? I thought phone calls are considered personnel and private as long as no criminal act is being committed. Also, with my cell phone records they could reveal client names and numbers that are part of my husband’s private business which I feel they do not have a right to, and is also not a part of this lawsuit. What should the proper and legal response be back to this firm without breaking the law and without giving up my cell phone records? Thanks.
     
  2. seniorjudge

    seniorjudge Super Moderator

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    If you do not wish to supply this information, then hire a lawyer to file a motion to quash the subpoena.
     
  3. JohnMacek

    JohnMacek New Member

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    In California, parties subject to an action have broad powers through discovery procedures. The information sought does not even have to be admissible, just "reasonably calculated to lead to the discovery of admissible evidence", and even that is liberally construed so as to permit discovery, rather than prevent or limit it. Most states hold similar laws/precedents/opinions.
    Discovery is an important fundamental legal tool that allows some matters to be disposed of before/without trial, and thus benefits public interests as well as the parties involved. (very few people will continue to pursue a case when there is overwhelming evidence against their position). You can claim the information sought as privileged. but unless you are an attorney, doctor, pastor, or police officer, the subpoena will most likely have to be honored.
    Just my two cents.
     
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