Getting phone records of any device is not an easy task as it requires multiple legal processes. Are you worried about how to subpoena phone records of any desired device?
Don’t worry because here we give all the possible details through which you can easily work on a subpoena to get phone records. Keep in mind that legal professionals have their own process to open the subpoena to check how the cell phone is used after completing the process of subpoena.
There is no doubt that mobile phones are the most effective and high-powered mini computers which can easily fit in our pockets. Through these smartphones we can easily record audio and video, manage other financial tasks, search the internet, and much more things.
So smartphones are the potential treasure of evidence in criminal and civil lawsuits. However, it depends on the circumstances and maybe this evidence may or may not completely be admissible in court. So let’s get into the further details of how to subpoena phone records!
What Is Subpoena?
Keep in mind that a subpoena is a process through which you can give evidence in court. A subpoena is overall a legal command that completely turns over your all documents. However, to issue or get a subpoena you must need to have started a lawsuit.
You can fill out the complete subpoena form about the specific smartphone device records which you want. Moreover, the important thing which you need to understand is that you have the complete right to these phone records and also they help you to prove your case, so it is great evidence right for you.
Furthermore, you can also use subpoena phone call records of a specific person who caused an accident in which you are involved to show the court that they were completely distracted by the phone while driving.
How To Subpoena Phone Records?
The below-listed guide will tell you how need to start a subpoena to get a phone record with an easy method.
1. Obtaining Information And Forms
In this step, you need to do multiple things to start a subpoena of a specific person’s phone records. But make sure that you have sufficient cause to get a subpoena, otherwise, it can be difficult for you to get a subpoena.
Keep in mind that getting phone records may or may not be difficult to obtain as phone companies can also fight back against subpoena claims. However, it is necessary to show them a valid reason before starting a subpoena process for obtaining the specific phone records of a person.
Find A Blank Form Of Subpoena
You can get a subpoena form from a court clerk and also can check from the court’s website.
- Make sure to identify whom to request records from. Keep in mind that you need to serve the subpoena on a specific right person. However, if you don’t, then you can lose your lawsuit.
- For any personal queries, you can easily consult with an attorney as every region have its own jurisdiction which is related to subpoenas. A professional and qualified attorney will give you step-by-step information to easily get the phone records that you need.
2. Completing The Subpoena Form
In this step, you need to provide all the basic information about the names of the defendant and plaintiff. Also, provide the case number and docket number details along with the location records and name of the records custodian whom you want to serve with the subpoena.
Identify The Phone Records With All Possible Detail
It is necessary that you fully describe the records so the phone company exactly know that what you are requesting. Make sure that your request is not too broad or too narrow, otherwise, the phone company will surely probably fight the subpoena on specific grounds.
Prepared Other Important Documents
In most courts, if you don’t have a lawyer then you will surely need to judge to sign off on your desired subpoena. Also, you may need to complete a motion form and then submit it to the judge. All this information you can collect from the specific court clerk.
Now, Submit Your Overall Paperwork To The Court
You only need to submit a copy of the subpoena to your desired court clerk. It is great to gather all the important attachments and the subpoena and then take them to the court clerk.
However, in some countries, the clerk will give the subpoena to the police for service, but in some cases, the clerk returns it to you so that you can arrange the service yourself.
3. Serving Your Subpoena
Make sure to use an acceptable method of service if you don’t get any service from the court clerk. However, it depends on the court’s clerk service requirement. But in most cases, you will be required only to give the subpoena to the desired telephone company according to the lawsuit.
Keep in mind that your jurisdiction’s laws will overall state how you need to serve your subpoena. Moreover, it is on you to read the law, or also you have the option to consult with an attorney.
Make Sure To File Your Proof Of Service Form With You
Keep in mind that whoever makes the service will surely need a complete proof of service form which is also known as the affidavit of service. So it is better to keep the copy for yourself and file the original form of service with the court.
Review The Records
If you are a defendant in a criminal case, then keep in mind that records may be lodged with the court. But you will need to check them at a specific time at the court. However, it is necessary to review these records carefully and make sure that you have received everything which you requested for.
It is also possible that the phone company may not give you all the documents which you requested for. It might have been an oversight or also they do this intentionally. However, you can raise this issue with the judge at your very next hearing.
If you want to start a subpoena and don’t know how it works, then with the above-listed steps, you can easily understand how to subpoena phone records. Keep in mind that every state has its own jurisdiction and you can face service problems accordingly.
If the court clerk doesn’t give you a service, then you need to arrange it yourself. But make sure to keep a copy of every record while filing the subpoena at the courts. Moreover, it is better for you to do a follow-up process which you are requested in your subpoena form.