Cell Phone Records Subpoena Example

How to Subpoena Phone Records: 12 Steps (with …

WebApr 20, 2024 · You may need to complete a motion form or other documents to submit to the judge. Check with the court clerk. You want to keep …

1. Make sure you have sufficient cause to get a subpoena. Phone records can be difficult to obtain as the phone companies usually fight back against subpoena claims. Make sure you have a valid reason for obtaining the phone records before you begin this process. For instance, if the records hold proof of a crime, this may be considered sufficient cause for a subpoena claim.
2. Find a blank subpoena form. Your court clerk should have a blank subpoena form. You could also check on the court’s website. Because you are requesting documents, you will want a “subpoena duces tecum.” Ask the clerk for the form. The U.S. Courts has a blank subpoena you can use for a federal lawsuit: http://www.uscourts.gov/sites/default/files/ao088b.pdf.
3. Identify who to request records from. You must serve the subpoena on the right person. If you don’t, you won’t get the records you need and you might lose your lawsuit. Spend some time identifying the correct person. If you’re requesting records from a telephone company, then you should find out the name of the person who runs their records department. You can check their website or call and ask. If the person on the other side of the lawsuit has the records, then you don’t need to use a subpoena. Instead, you can make a Request for Production.
4. Consult with an attorney if you have questions. Each jurisdiction has its own laws related to subpoenas. A qualified attorney can make sure that you take all necessary steps to get the phone records that you need. You can find an attorney by contacting your local bar association and asking for a referral. Call up the attorney and schedule a consultation. If money is tight, you can ask a lawyer if they are willing to provide you with a half hour of advice. Some courts also have self-help centers where people without lawyers can go for help.

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