How to Subpoena Phone Records

This article was co-authored by Lahaina Araneta, JD. Lahaina Araneta, Esq. is an Immigration Attorney for Orange County, California with over 6 years of experience. She received her JD from Loyola Law School in 2012. In law school, she participated in the immigrant justice practicum and served as a volunteer with several nonprofit agencies.

This article has been viewed 128,883 times.

You need evidence to win a lawsuit, and you can use a subpoena to get it. A subpoena is a legal command to turn over documents. To issue a subpoena, you must first have started a lawsuit. You can then fill out a subpoena form identifying the phone records you want. In many circumstances, you have a right to these records and they may help you prove your case. For instance, you can subpoena the phone records of a person who caused a car crash you were involved in to show that they were distracted by the phone while driving.

Part 1 of 3:

Obtaining Forms and Information

Step 2 Find a blank subpoena form.

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Step 3 Identify who to request records from.

Step 4 Consult with an.

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Completing the Subpoena

Step 1 Provide basic information.

Step 2 Identify the phone records with sufficient detail.

Step 3 Prepare other required documents.

Step 4 Submit your paperwork to the court.

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Serving Your Subpoena

Step 1 Use an acceptable method of service if <a href=the court clerk doesn’t take care of this." width="460" height="345" />

Step 2 File your proof of service form.

File your proof of service form. Whoever makes service will need to complete a proof of service form (also called an affidavit of service). [7] X Research source You should keep a copy for yourself and file the original with the court.

Step 3 Review your records.

Review your records. The phone company should deliver a copy of the phone records to you. If you are the defendant in a criminal case, then the records might be lodged with the court. You’ll need to schedule a time to view them at the court. Make sure to review the records carefully to make sure you have received everything requested.

Step 4 Follow up, if necessary.

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Expert Q&A

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Before getting a subpoena, you should ask the person or company for their phone records. If they are willing to share the records with you, ask them to sign a written stipulation or authorization granting you access to the information.

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  1. ↑https://www.findlaw.com/litigation/going-to-court/what-is-a-subpoena.html
  2. ↑https://www.hg.org/legal-articles/can-you-get-a-subpoena-without-a-lawyer-36060
  3. ↑https://www.uscourts.gov/sites/default/files/ao088b.pdf
  4. ↑https://www.hg.org/legal-articles/can-you-get-a-subpoena-without-a-lawyer-36060
  5. ↑https://www.hg.org/legal-articles/can-you-get-a-subpoena-without-a-lawyer-36060
  6. ↑https://www.findlaw.com/litigation/going-to-court/what-is-a-subpoena.html
  7. ↑https://www.hg.org/legal-articles/can-you-get-a-subpoena-without-a-lawyer-36060

About This Article

Co-authored by: Attorney at Law

This article was co-authored by Lahaina Araneta, JD. Lahaina Araneta, Esq. is an Immigration Attorney for Orange County, California with over 6 years of experience. She received her JD from Loyola Law School in 2012. In law school, she participated in the immigrant justice practicum and served as a volunteer with several nonprofit agencies. This article has been viewed 128,883 times.

32 votes - 90% Co-authors: 5 Updated: July 17, 2024 Views: 128,883 Categories: Court Orders

A subpoena is a legal command to turn over documents. If you need someone’s phone records as evidence for a lawsuit, you can file a subpoena to access them. You’ll need a valid reason for obtaining the phone records, such as proving a crime. Ask your court clerk for a subpoena form. You’ll need to address it to whoever runs the records department of the person’s phone company and tell them whose records you need and between which dates. If you don’t have a lawyer, ask your judge if they need to sign the form instead. Submit your subpoena to the court and ask your clerk if you need to serve copies to the other parties. For more tips from our Legal co-author, including how to file a motion to compel if the phone company refuses your subpoena, read on!

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