subpoena for records

[soonenuf]

What is the name of your state? Illinois

Both myself and a lady friend are seperated and have filed for a divorce. Her husband is bound and determined that we had an affair. It's not true but he dosen't care. He says that he will subpoena cellphone records, hers and mine. It proves that we talked alot but nothing else. Can he get a subpoena for cell phone records? On what grounds?

 

[Taunting M@ry!]

What is the name of your state? Illinois

Both myself and a lady friend are seperated and have filed for a divorce. Her husband is bound and determined that we had an affair. It's not true but he dosen't care. He says that he will subpoena cellphone records, hers and mine. It proves that we talked alot but nothing else. Can he get a subpoena for cell phone records? On what grounds?

No, he can't - - at least if he can't show proper cause for invading yours, and her, privacy. His action isn't enough to invade your privacy.

 

[snostar]

It ALL depends on the judge. Phone contact itself does not prove adultry, but it appears to be a piece of the fountain he is trying to lay.

 

[snostar]

No, he can't - - at least if he can't show proper cause for invading yours, and her, privacy. His action isn't enough to invade your privacy.

I preferred your previous alias.

 

[Taunting M@ry!]

I preferred your previous alias.

Me too.

Now, as to the issue at hand and your response, the husband will never obtain those phone records. Privacy, both under the Illinois State and Federal Constitutions is paramount to any private action. The husband will have to prove "adultery" in some other fashion.

 

[CO19]

No, he can't - - at least if he can't show proper cause for invading yours, and her, privacy. His action isn't enough to invade your privacy.

IAAL, Could you please elaborate on your explanation? What level of proof, in your experience, have you found is needed for a judge to allow subpoena for these records?

 

[Taunting M@ry!]

IAAL, Could you please elaborate on your explanation? What level of proof, in your experience, have you found is needed for a judge to allow subpoena for these records?

First of all, you need to understand, and know, that California doesn't require adultery to obtain a dissolution of marriage. All you need to "check" on the form is "Irreconcilable Differences." So, telephone records would rarely, if ever, come into play.

However, when such records are sought, the telephone usage must have a direct causal link to the cause of action; e.g., telephone harassment, or stalking. There must have been something directly linking a particular call to the husband, like drug sales or conspiracy. Since there wasn't, people have a constitutional right of privacy; e.g., free association and First Amendment rights, to make calls to whomever they choose.

Merely wanting records to see if a call was made to another telephone number is not enough to "pierce" the "privacy veil."

In another example, if a vehicle accident occurs, I have the right to subpoena cell phone records to determine if a call was being held at the moment of the accident. That usage could be a "causal link" to the accident.

 

[CO19]

First of all, you need to understand, and know, that California doesn't require adultery to obtain a dissolution of marriage. All you need to "check" on the form is "Irreconcilable Differences." So, telephone records would rarely, if ever, come into play.

However, when such records are sought, the telephone usage must have a direct causal link to the cause of action; e.g., telephone harassment, or stalking. There must have been something directly linking a particular call to the husband, like drug sales or conspiracy. Since there wasn't, people have a constitutional right of privacy; e.g., free association and First Amendment rights, to make calls to whomever they choose.

Merely wanting records to see if a call was made to another telephone number is not enough to "pierce" the "privacy veil."

In another example, if a vehicle accident occurs, I have the right to subpoena cell phone records to determine if a call was being held at the moment of the accident. That usage could be a "causal link" to the accident.

OK, thank you for the explanation... I have known of GA-based divorce attorneys over the years ask me/other colleagues to help them get cell records for adultery cases (GA is a fault divorce state). I have always responded that they need to get a subpoena (I can't legally obtain unless found dumpster diving), but now I question whether they have asked me/colleagues to do something not only illegal, but also something that wouldn't likely be granted by a judge to be used as discovery in proving adultery.... thanks again.

 

[CO19]

What is the name of your state? Illinois

Both myself and a lady friend are seperated and have filed for a divorce. Her husband is bound and determined that we had an affair. It's not true but he dosen't care. He says that he will subpoena cellphone records, hers and mine. It proves that we talked alot but nothing else. Can he get a subpoena for cell phone records? On what grounds?

Soonenuf, I posed your question to a fellow licensed PI in the state of IL and below was his exact, unedited response. May/may not be of any assistance to you and should probably consult with a IL attorney... great question though!

"Yeah, he probably can - or rather his attorney can provided there's a divorce case pending.

Under the court rules he's required to give notice to the other side and
they may, through their attorney, move to quash the subpoena.

Under what grounds? Just about any grounds the attorney may care to
argue. Don't know how relevant it would be in any event but that's a
legal question and should be directed to her counsel.

Just looking at what you have above, it looks like somebody got caught
with his hands in the "Panty Jar" <g>