How hard is it to subpoena phone records?
Asked by: Mr. Haley Nolan | Last update: June 23, 2025Score: 4.4/5 (73 votes)
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.
Can phone records 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.
How long does it take to subpoena phone records?
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 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.
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.
How can you Subpoena Phone Records
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.
How far back can iMessages be subpoenaed?
In the United States, there is no set time limit for how far back text messages can be subpoenaed from phone companies or iPhones by the FBI. The government can subpoena past records going back as far as they exist. Most phone companies keep records for 1-2 years.
Can I subpoena my wife's phone records?
It is important to understand that while records related to communication, such as date, time, and duration, can be subpoenaed, federal laws prohibit accessing the actual content of the communications in civil cases like divorce.
How much do lawyers charge for a subpoena?
On average, the cost to subpoena someone may fall between $50 to $300.
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.
How long do subpoenas last?
If it is a subpoena as distinguished from a case starting summons and complaint, a subpoena expires on its return date. But a summons is good for 90 days after the starting of the law suit and can be served alternatively to in hand service.
Can cell phone conversations be retrieved?
Contact your cell phone provider.
If you have lost the records sent to you or cannot locate the records online, the best remaining option is to contact your phone provider. They are mandated by law to keep the records, and should be able to provide them to anyone who can prove that they are the main account holder.
How to get text messages thrown out of court?
- Hearsay. Hearsay is an out-of-court statement made by a person and offered to prove the truth of the matter asserted. ...
- Confusing. ...
- Unfairly prejudicial.
Can FaceTime calls be subpoenaed?
FaceTime call invitation logs are retained up to 30 days. FaceTime call invitation logs can be obtained with an order under 18 U.S.C. §2703(d) or court order meeting the equivalent legal standard or search warrant.
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 I need a lawyer if I get a subpoena?
You don't generally need an attorney to comply with a subpoena, unless anything you revealed could either harm you in some way, harm your business (e.g. don't reveal any trade secrets without an attorney requesting that info be kept confidential), or would benefit a party you don't want to help.
Will I go to jail if I don't show up for a subpoena?
A witness must be personally served with a subpoena for it to be considered valid under California law. If a witness doesn't appear in court after being personally served with a subpoena, they could be arrested for contempt of court.
Can you negotiate a subpoena?
It is possible to negotiate the scope of records to be released in response to a subpoena. Oftentimes, a party issuing a subpoena (“requestor”) is on a “fishing expedition” with no idea what documents exist or how files are organized.
Can cell phone records be subpoenaed?
The short answer is yes cell phone records can be subpoenaed in a lawsuit. However, the cell phone company will probably require that the subpoena be very specific and not overly broad. Plus, cell phone companies have different policies on how they react to subpoenas.
Can I get a copy of my spouse's text messages?
Your Texting History is Almost Always Accessible
Some people who backed up their text messages to a shared cloud account with their spouse are able to view their spouse's text messages. Logistically, most people have to ask their spouse or their spouse's paramour for the information, or to inspect their cellphone.
Can my ex subpoena my text messages?
In no-fault divorce states, an attorney would need to allege any requested texts would contain information relevant to some other part of divorce. Evidence of hidden marital assets, illegal activity, or information pertaining to your child's best interests may all be grounds for a valid subpoena for text messages.
Are deleted texts recoverable?
Fortunately, there are ways to retrieve them. From restoring backups to using recovery software, plenty of options are available to help you get your messages back: Enable Google Drive backup to automatically save your messages to the cloud.
What will phone records show?
Cell phone records show the caller's phone number, the duration of the call, the time of the call, and even the location of the phone due to which cell tower the phone was connected to. Cellphone records may also show detailed information about text message conversations.
Can signal texts be subpoenaed?
Whenever Signal receives a properly served subpoena, they work closely with the American Civil Liberties Union to challenge and respond to it, handing over as little user data as possible.