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.

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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.

Obtaining Forms and Information

• For instance, if the records hold proof of a crime, this may be considered sufficient cause for a subpoena claim.

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• The U.S. Courts has a blank subpoena you can use for a federal lawsuit: https://www.uscourts.gov/sites/default/files/ao088b.pdf.

• If you’re requesting records from a telephone company, then you should find out the name of the person who runs their records department. You can check their website or call and ask.
• If the person on the other side of the lawsuit has the records, then you don’t need to use a subpoena. Instead, you can make a Request for Production.

• You can find an attorney by contacting your local bar association and asking for a referral. Call up the attorney and schedule a consultation.
• If money is tight, you can ask a lawyer if they are willing to provide you with a half hour of advice.
• Some courts also have self-help centers where people without lawyers can go for help.

Completing the Subpoena

• The name of the records custodian (the person who has the information requested by the subpoena) you are serving with the subpoena and the specific records you want to obtain.
• The location and deadline for delivery of the records. Alternately, you can state a time when you want to go to the company and view the records.

• For example, you shouldn’t request, “All records for phone calls John R. Smith has made during his life.” That is much too broad.
• At the same time, don’t request records for only one month if you need more.
• Figure out a reasonable time period and be prepared to back it up. For example, you might think your spouse has had an affair. If you think the affair started in June 2016, then request documents from that point up to the present day.

• You want to keep good records, so keep a copy of all paperwork you file with the court.

• Depending on the jurisdiction, the court clerk, a justice of the peace, or a public notary may have the power to issue the subpoena.

Serving Your Subpoena

• Personal service. Someone will hand deliver the subpoena to the telephone company records department. Usually, you can’t deliver the subpoena yourself. Instead, you should arrange for someone 18 or older who is not part of the case to deliver it. For example, you can hire a private process server.
• Mail. You might be able to serve the subpoena using first class mail or certified mail with a return receipt requested.
• Other methods. In some situations, you might be able to fax or email the subpoena to the records department. Usually, you can fax a copy to the other parties in the lawsuit.

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.

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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.

• If your subpoena doesn’t get results, file a motion to compel. If your motion is granted, the company will have to explain why they didn’t comply with the subpoena. The judge may allow the company another chance to comply, like for cases in which they have a good reason for non-compliance. Alternatively, the court may impose a stiff fine, order the company to pay attorney fees, or even send the parties who refuse to comply to jail for contempt.

Expert Q&A

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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How to Handle a Subpoena

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

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 128,914 times.

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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