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Taylor, Attorney
Category: Legal
Satisfied Customers: 240
Experience:  Attorney
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Can my cell/text massage be subpoena in third party case. IE

Customer Question

Can my cell/text massage be subpoena in third party case. IE my friend is getting divorced and her soon to be X wants my cell/text information.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: virginia
JA: Has anything been filed or reported?
Customer: yes, he ask for her cell records but her phone is in my name
JA: Anything else you want the lawyer to know before I connect you?
Customer: If subpoena do I have to testify
Submitted: 7 months ago.
Category: Legal
Expert:  Taylor replied 7 months ago.

hi my name is ***** ***** I would be happy to help!

Expert:  Taylor replied 7 months ago.

The most important concept to understand about text messages is that the content of text messages (i.e., the message communicated by one person to another through a cell phone) is only kept by the cell carrier for two to three days. This provides a very limited time frame to obtain the data from the carrier directly.

Moreover, carriers often rely on the federal Stored Communications Act to refuse to comply with state court-issued subpoenas. Federal law requires the cell phone subscriber consent to the request before a carrier is obliged to provide any information.

Expert:  Taylor replied 7 months ago.

Also, if you are given a subpoena to show up and testify at court you must comply with the courts orders.

Expert:  Taylor replied 7 months ago.

Non-party's records may be subpoenaed in a divorce case so long as there is some relevance to the records. In an uncontested case, a settlement agreement is filed with the divorce papers and no discovery is done. If a divorce is filed without an agreement, and a non-party's records are subpoenaed, the records can be considered by the court to show a pattern of conduct of a party after the separation that might shed light on conduct or intent prior to the separation. It may prove useful to secure a settlement, because you never know how a judge or jury may react. It depends on the facts of each case. I have found it very difficult to obtain the actual texts through subpoenaing records. Instead, the party should subpoena the SD card on the phone--that is where the texts are. Either way, you should consult an attorney to discuss the particular facts and how it could affect the divorce.

Expert:  Taylor replied 7 months ago.

does that adequately answer your questions? when you are satisfied i would greatly appreciate a positive rating!