How to get a subpoena for my text message records in order to bring them to court.?
Question by heath1500: How to get a subpoena for my text message records in order to bring them to court.?
I am going through a custody battle and my ex is straight lying about things she has said and has not said. If I can get my text records, I can prove this. But Sprint won’t release them without a court order. How do I obtain this BEFORE court
Best answer:
Answer by Kilroy
Your lawyer should know how to get one. If you’re representing yourself, ask the court clerks.
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To subpoena phone records, you would use a Subpoena Duces Tecum, and request any cell phone records in the month prior through the month after the time period you would need to review.
This isn’t easy to do without an attorney, but it can be done. As a Pro Se litigant you are able to call your Court Clerk and have it presented for signature to a Judge or Commissioner. If you have an assigned trial judge then you can also call the judge’s bailiff and your opposing counsel and ask them to agree that it can be signed by the judge.
Ask the clerk of your court for the form.