Can you be served a subpoena over the phone?
Asked by: Prof. Keven Gusikowski Sr. | Last update: August 25, 2025Score: 4.5/5 (18 votes)
Serving a subpoena over the phone is not a standard or common practice in legal proceedings. Subpoenas are generally served in person, by process servers, or through a certified mail. The exact method used in a case depends on the jurisdiction and the rules of the court hearing the case.
Do they call you for a subpoena?
To be officially served, you have to receive the subpoena in the mail or have it personally served upon you, usually by a sheriff in your county. A phone call would be insufficient for a court to say you were properly served.
What happens if you can't serve someone a subpoena?
Alternative methods of service: If the person attempting to serve court papers is unable to locate or serve the defendant, the court may allow alternative methods of service, such as publication in a newspaper or post on the defendant's door.
How does a phone subpoena work?
Phone records can be subpoenaed without the knowledge of the person whose records are being requested. In these cases, the defendant whose phone records are being subpoenaed must be notified, and a judge will decide if the information is relevant to the case.
Can a subpoena be served via text message?
You or your attorney must serve the subpoena to the party required to provide the texts using legal methods such as personal service, certified mail, or process servers. Ensure that your attorney notifies the subscriber of the requested text messages.
Can A Subpoena Be Served By Anyone
Can a person get served over the phone?
Most jurisdictions require subpoenas to be served in person, by mail, or through other prescribed methods to ascertain due process. Serving by phone may not be legally recognized and may potentially invalidate the subpoena.
How hard is it to get a subpoena for text messages?
Subpoena for text messages is a difficult area of discovery practice. The fact is that the service provider, absent some bizarre situation, does not store the information, so obtaining text messages really must come from the opposing party.
Can deleted text messages be subpoenaed?
Deleted text messages can potentially be subpoenaed, but the success of retrieving them depends on various factors. When a text message is deleted, it may not be immediately removed from the phone's system and could still be recoverable.
Can your phone testify against you?
Yes, a prosecutor can use certain relevant information on your phone as evidence against you. If the information is obtained legally, such as through a search warrant or with your consent, it can be presented in court to support the prosecution's case.
Do phone records show text messages?
What Information Can You Get from Cell Phone Records? When you subpoena cell phone records, you can only get a detailed record of texts and calls. You can get a list of incoming and outgoing text messages and the date and time they were sent or received.
What happens if a server can't find you?
A Simple Answer to “What Happens if a Process Server Can't Serve You?” The simple answer to your question is that the court continues without you. Evidence is brought forth without a rebuttal or defense from you and a judgment is issued.
What to do if someone ignores subpoena?
Failure to honor a personally served subpoena may result in court-ordered sanctions of a fine or the forced surrender of the person. A court's authority to impose these sanctions is known as its contempt power.
Do process servers call you before they serve you?
Real process servers will call people they are trying to serve. If a server can get in touch with you, they will try to arrange a time to deliver the documents. A server may make a few attempts to call you and might leave a message on your answering machine.
How do I refuse a subpoena?
You remain obligated to respond to the subpoena unless you have a court order quashing or modifying the subpoena, Contact your legal counsel to assist with court filings. Again, be aware of response deadlines because missing deadlines may waive your ability to object to the subpoena.
How to prove you were not served properly?
Surveillance: You can provide surveillance footage showing you were not served at the alleged date or that the service was improper. Mail Records: If there's no mail delivered to you or if you haven't signed the receipt. It can indicate improper service.
What are the three types of subpoenas?
Three common types of subpoena are – Subpoena duces tecum, deposition subpoena, and witness subpoena.
Can someone be a witness over the phone?
The majority of states do not have any rules or regulations offering guidelines on telephone depositions. However, for those that do, reporters must generally be in the presence of the witness. If the reporter is not with the witness, a notary must be in his or her presence to administer the oath.
Can I use my phone as evidence in court?
Using cell phone video as evidence in court is certainly possible, but this evidence is not always guaranteed to be admissible. If you would like to use cell phone evidence in your case, your attorney will have to convince the judge the video footage is both relevant to your case — and reliable.
Can my personal cell phone be subpoenaed?
Phone records can be subpoenaed without notifying the owner in certain legal circumstances, primarily when the records hold key evidence for a case. Courts may issue a subpoena if the records are critical to uncovering the truth in criminal investigations, civil disputes, or other legal proceedings.
Can screenshots of text messages be used in court?
Just like social media posts, screenshots of text messages can be used in court, but face similar challenges regarding authentication. Without the original metadata and context, proving that a screenshot is an accurate and unaltered representation of the original message can be difficult.
How much does it cost to subpoena phone records?
Based on these factors, the costs of complying with a phone records subpoena could range from: $25 – $200 for a basic subscriber information request covering a short period. $500 – $3,000+ for detailed call logs, text transcripts, and other records over an extended period, especially if third-parties are involved.
Are deleted text messages discoverable?
Typically, any deleted texts are long gone by the time a lawsuit is filed. An effective way to obtain the messages is to physically possess the phone from which they were sent or received.
How long does it take to subpoena a phone?
Response from the Phone Company
Telecom providers generally take 2 to 4 weeks to process subpoenas, depending on their workload and the complexity of the records requested. Requests for detailed data, such as text message logs or location information, may take longer to fulfill.
How much do lawyers charge for text messages?
Phone calls (whether to, from, or about clients), text messages, and emails count as much as face-to-face meeting time. These fees can range from small town attorneys charging $100 per hour, to large firm attorneys in major cities charging $725 per hour.
Can I subpoena my wife's text messages?
Text message records must be obtained from a party's cell phone provider. An attorney can obtain a court order or subpoena to get the records directly from the service provider. However, there are limitations on what the provider can produce.