How long can text messages be subpoenaed?
Asked by: Prof. Johnson Jast DVM | Last update: February 14, 2026Score: 5/5 (25 votes)
You can subpoena text messages as far back as they exist, but carriers only store the content (the actual words) for a short time (days to months), after which you usually only get metadata (numbers, timestamps) unless a court order preserves them; relevance to the case and statutes of limitation heavily restrict how far back private civil cases can go compared to federal cases.
How far back can text messages be retrieved?
You can retrieve texts from days to months on your device via backups (like iCloud or Google), but carrier records (metadata only) can go years, while the actual content is often gone quickly, though forensic recovery might find old data before it's overwritten, but it's difficult and depends heavily on usage and device type.
How hard is it to get a subpoena for text messages?
A subpoena can only be issued by a court when there is an active legal case. Without pending litigation, courts typically will not grant subpoenas to obtain information from third parties like texting apps. To pursue this, one must first initiate a legal action and demonstrate the relevance of the requested data.
Do text messages hold up in court as evidence?
Yes, text messages can absolutely be used as evidence in court, but they must meet specific legal requirements for authenticity (proving who sent them), relevance (directly relating to the case), and proper legal acquisition (obtained with consent, subpoena, or warrant) to be admissible. Courts recognize them as powerful evidence, often used to show intent, motive, or actions, but they must follow rules like those for hearsay.
Do subpoena text messages show content?
What Do Subpoena Phone Records Show? Phone records can provide account details like call logs, including dates, times, durations of calls, and the associated phone numbers. Typically, phone records will not provide text messages' content, only the date the message was sent and received.
Can You Subpoena Text Messages? - Get Divorce Answers
How far back can texts be subpoenaed?
When it comes to subpoenas, text messages can theoretically be requested as far back as they exist. If a message has been preserved on a device, in backups, or cloud storage, it can be subpoenaed regardless of when it was sent.
Do screenshots of text messages hold up in court?
Yes, screenshots of text messages can be used in court, but they are often challenged because they can be easily edited, so courts prefer the original messages with metadata (date, time, sender) for authentication; to be admissible, you must prove the screenshots are accurate and unaltered, often through testimony or forensic methods, not just by showing the image.
Can deleted text messages be subpoenaed?
In some cases, the prosecution might subpoena your text message records directly from your phone provider. If your phone has been seized, investigators may use forensic tools to recover deleted messages or access encrypted data.
Can I get a transcript of my text messages?
Yes, you can get text message transcripts using screenshots, third-party apps like iMazing or iExplorer for backups, or even manual copy/paste, with phone carriers generally only keeping message records (numbers, times) briefly, not content, unless a subpoena/warrant is issued for legal matters.
Can deleted text messages be recovered for court?
Live and deleted text messages are the most popular form of cell phone evidence recovered and admitted in civil litigation cases today. Text message forensics is the science of recovering the evidence they hold for admission into the court record for adjudication of disputes.
How did Blake Lively subpoena text messages?
Blake's lawyers confirmed to Variety on Monday (December 23) that the text messages were received through a subpoena issued to Jonesworks LLC., the PR firm where Jennifer Abel used to work.
Can I get copies of deleted text messages?
Yes, you can often get deleted texts back, especially if you act quickly, by checking the app's "Recently Deleted" folder (like on iPhone or Samsung Messages), restoring from a cloud backup (iCloud or Google Drive/One), or using third-party data recovery software, though recovery isn't guaranteed and depends on your device, settings, and if the space has been overwritten.
Can you subpoena text now messages?
Under the SCA, a government entity must get a search warrant to access electronic communications (such as emails or texts) stored for 180 days or less (relatively new messages). To access older communications, the entity can issue a subpoena with prior notice to the subscriber.
How do courts get text messages from years ago?
Under the SCA, a government entity must get a search warrant to access electronic communications (such as emails or texts) stored for 180 days or less (relatively new messages). To access older communications, the entity can issue a subpoena with prior notice to the subscriber.
Are text messages ever permanently deleted?
No, deleted text messages aren't usually gone forever immediately; they're often recoverable through backups, cloud storage, or forensic tools until new data overwrites them, but some messages might be permanently erased if overwritten or securely wiped, though backups and recipients' phones often retain copies. Deleting from your phone only removes the link, marking the space as available, so data recovery software can often retrieve them, and you must also clear them from "Recently Deleted" folders or cloud backups for true permanent removal.
How long does Verizon keep text messages for subpoenas?
Where does this take place? In Missouri, obtaining text message content from Verizon through a subpoena is extremely difficult, especially for messages from five years ago and from a disconnected number. Key Factors: Verizon's Data Retention Policy – Verizon does not keep text message content for more than 3 to 5 days.
How do I print off text messages for court?
Choose a contact whose text messages you want to save for court. Select Export to save the text messages. Open the saved PDF and choose Print to print the text messages for court, trial, or your lawyer.
How can I get my full text message history?
Android users - 'History' is located as a 'clock' icon in the upper right-hand corner. 4) If not already selected, tap on the 'Text' tab at the top.
Can cops get text message transcripts?
Police may access text messages when you consent to the search. They may rely on probation, parole, or bond conditions that allow broader searches. They may act without a warrant if there is an immediate risk of harm. They may also review messages if a third party voluntarily provides screenshots or records.
Do judges care about text messages?
Courts Do Accept Text Messages as Evidence
The key requirement is that the messages are relevant and can be authenticated. That means the party introducing them must show who sent the message and that the content hasn't been changed. That means screenshots aren't always admissible.
How far back can you pull text message records?
You can retrieve texts from days to months on your device via backups (like iCloud or Google), but carrier records (metadata only) can go years, while the actual content is often gone quickly, though forensic recovery might find old data before it's overwritten, but it's difficult and depends heavily on usage and device type.
How to permanently delete text messages so they can't be recovered?
To permanently delete text messages, you must first delete them from the app and then empty the "Recently Deleted" or trash folder, but for true unrecoverability, a factory reset is best, optionally followed by filling the device with junk data to overwrite deleted space, or using secure-erase apps, as simple deletion just marks space as available.
What cannot be used as evidence in court?
Evidence not admissible in court typically includes illegally obtained evidence (violating the Fourth Amendment), hearsay (out-of-court statements used for their truth), irrelevant or speculative information, privileged communications (like psychotherapist-patient), and confessions obtained through coercion, with rules varying slightly by jurisdiction but generally focusing on reliability, legality, and relevance.
Is it legal to post screenshots of text messages?
Simply stated, posting screenshots, with malicious intent, is a crime punishable by the Cybercrime Prevention Act.
How to show text messages as evidence in court?
Authenticating Text Messages
Like other types of evidence, your lawyer must authenticate text messages so they can admit them to the court. You cannot simply include a defendant's name on a message. You still need further confirmation to show authorship.