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subpoena phone records

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isWhat

Junior Member
What is the name of your state (only U.S. law)? Texas

How does a subpoena for phone records work?

Forms required, who pays for it and the cost of records produced, etc.

Thank you.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Texas

How does a subpoena for phone records work?

Forms required, who pays for it and the cost of records produced, etc.

Thank you.

The recipient either does what the subpoena asks, tries to have it quashed, or ignore it at their own risk.

You can also learn the rules yourself (including the rules of civil procedure, local rules, and all that good stuff). It's recommended if you're going pro se.
 

isWhat

Junior Member
Thanks Proserpina,

I will check the TRCP. I have been spending a lot of time in O'Coonor's and there was nothing there. I should have went back to the TRCP.

It is the mechanics of it which I do not get. They will get a subpoena telling them to produce their phone records for (whatever) date from (whatever) phone number. Then what they hand it to their phone company?

I will dig into the TRCP.
 

Zigner

Senior Member, Non-Attorney
Thanks Proserpina,

I will check the TRCP. I have been spending a lot of time in O'Coonor's and there was nothing there. I should have went back to the TRCP.

It is the mechanics of it which I do not get. They will get a subpoena telling them to produce their phone records for (whatever) date from (whatever) phone number. Then what they hand it to their phone company?

I will dig into the TRCP.
Is there an open case? Why do you need the phone records?
 

Proserpina

Senior Member
Thanks Proserpina,

I will check the TRCP. I have been spending a lot of time in O'Coonor's and there was nothing there. I should have went back to the TRCP.

It is the mechanics of it which I do not get. They will get a subpoena telling them to produce their phone records for (whatever) date from (whatever) phone number. Then what they hand it to their phone company?

I will dig into the TRCP.

No. The phone company needs to be the entity named on the subpoena.
 

isWhat

Junior Member
Yes, this is an active case.

If I am to do a writ I need to know more about what is required on the writ by me.

I understand the subpoena issues from the writ (when approved) and as for as I know the subpoena would be mailed (or process served?) by the court.

If I have to know the phone company I will have to either google the phone number to find out who the carrier is (does that work?) or do further discovery on the adversary to get that information.

The phone records will prove a call was made at a particular time.
 
What is the name of your state (only U.S. law)? Texas
How does a subpoena for phone records work?
Forms required, who pays for it and the cost of records produced, etc.
Thank you.
I don't know Texas law, and rules regarding discovery can vary even with many states depending on what court system you filed in (for instance in some states there is no discovery at all in "small claims court"). But in general, you need an active case, and there should be rules for whatever court your case is filed in as to how to serve a subpoena to a third party (I am assuming that you are not suing a telephone service provider, and that instead you want to subpoena someone's records from their telephone service provider). Sometimes the process of serving a subpoena to a third party is different than serving a party (for instance, you may have to first give notice to all parties so that they have a chance to contest/quash the subpoena). In my state, and I think in most, you would serve the subpoena to the third party yourself (often simply by certified mail, return receipt requested). But again, check your local court rules.

I can provide additional information if you tell us what you know, and what you want to know. For instance, are you trying to find the subscriber for a telephone number that appeared on your caller ID (but when you call the number it's not a working number)? All of the phone calls made by a particular person (but you don't know their phone number or telephone service provider)? Who you want to ask, how you find them, and what you want to ask them, depend on what you know and what you want to know.

You say that you want to prove that a call was made, but that is really not enough information. Was the call made to you or by you? If so, then call your telephone service provider and find out from them how to view your call detail records showing that you received or made the call. They are your records, so no subpoena should be needed (so long as your telephone service provider has an easy way to show/give you the documentation that you need).
 

Proserpina

Senior Member
I don't know Texas law, and rules regarding discovery can vary even with many states depending on what court system you filed in (for instance in some states there is no discovery at all in "small claims court"). But in general, you need an active case, and there should be rules for whatever court your case is filed in as to how to serve a subpoena to a third party (I am assuming that you are not suing a telephone service provider, and that instead you want to subpoena someone's records from their telephone service provider). Sometimes the process of serving a subpoena to a third party is different than serving a party (for instance, you may have to first give notice to all parties so that they have a chance to contest/quash the subpoena). In my state, and I think in most, you would serve the subpoena to the third party yourself (often simply by certified mail, return receipt requested). But again, check your local court rules.

I can provide additional information if you tell us what you know, and what you want to know. For instance, are you trying to find the subscriber for a telephone number that appeared on your caller ID (but when you call the number it's not a working number)? All of the phone calls made by a particular person (but you don't know their phone number or telephone service provider)? Who you want to ask, how you find them, and what you want to ask them, depend on what you know and what you want to know.

You say that you want to prove that a call was made, but that is really not enough information. Was the call made to you or by you? If so, then call your telephone service provider and find out from them how to view your call detail records showing that you received or made the call. They are your records, so no subpoena should be needed (so long as your telephone service provider has an easy way to show/give you the documentation that you need).

Texas is such a fun state.

http://www.serve-now.com/resources/process-serving-laws/texas#103
 

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