Is it possible to subpoena text messages

Most cellular phone companies have computer servers that save the telephone numbers of incoming and outgoing calls to a particular cellular phone number. The records of incoming and outgoing calls from a cellular phone can be damaging information in a divorce or other family law case.

These messages can be read by the opposing party if not immediately deleted from the cellular phone. A persistent spouse or opposing party can also seek to subpoena the text message records from a cellular company. The cellular companies have varying policies regarding the length of time that text message records are maintained by the company.

A special area of concern is protecting your confidential communications with your lawyers. We offer phone, Zoom, Webex and Skype appointments. Skip to content chat. Fighting for the Rights of Today's Families. This can be very costly, but it is worth it if important information is obtained. These experts also help lay the necessary foundation for court admissibility at a hearing or trial. Text messaging leaves an electronic record of dialogue that can be entered as evidence in court.

Like other forms of written evidence, text messages must be authenticated in order to be admitted. Buckfire Law has published an easy-to-read, how-to guide to help litigators understand the strict compliance procedures. The guide also details important factors and obstacles that a litigator must know when issuing a subpoena for obtaining text messages. This step-by-step subpoena guide also includes a list of contact information for all major phone carriers, including:.

Once you submit your information, you will be instantly emailed a digital copy of the report. You can download and print it as a great desk reference.

Your free book will be sent by immediate PDF download. You agree that it is for informational purposes only and you should consult with an attorney for specific legal advice on your matter. Instant Book Download Form. Or Call Now Please leave this field empty. All rights reserved. Disclaimer Privacy Policy. Moreover, carriers often rely on the federal Stored Communications Act to refuse to comply with state court-issued subpoenas.

Federal law requires the cell phone subscriber consent to the request before a carrier is obliged to provide any information. First, it is best to try and get the cell phone company to retain the content of the text messages by sending a letter to the carrier explaining that the text messages are evidence and must be preserved.

It is wise to have an attorney draft and send the letter, citing the relevant provisions of the Stored Communications Act and applicable state law. The letter should be sent certified by overnight delivery. Third, file an ex parte motion with your divorce court and request that court order the other party to sign a notarized consent to release the text messages.

Fourth, serve the subpoena. This may be tricky depending on what state your divorce is being handled, as the rules for service vary from state to state.