Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

How do i file a subpoena records and another opposing party…

Customer Question
how do i file a...
how do i file a subpoena for phone records for me and another opposing party in a terminate guardianship filing
Submitted: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 3 minutes by:
2/19/2016
Family Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,584
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am going to assume that this is in COUNTY COURT.

1) A Subpoena Duces Tecum is filled out. See HERE.

2) It is taken the Court. The clerk will have to sign off on it. They may or may not have the Judge look at it as well.

3) Once it is signed off on (assuming it is), then one sends a copy to the third party (telephone company) which holds the records, and

4) A courtesy copy can be sent to the opposing party.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Ask Your Own Family Law Question
Customer reply replied 2 years ago
can you give me californias duces tecum subpoena form?
Family Lawyer: Ely, Counselor at Law replied 2 years ago

You stated Nebraska for your state. But yes, I can provide one for CA - see HERE.

NOTE that service/notice of a subpoena have multiple nuances rules, depending on the jurisdiction. In CA, this is a little more complicated. See instructions HERE.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Ask Your Own Family Law Question
Family Lawyer: Ely, Counselor at Law replied 2 years ago
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,584
103,584 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

103,584 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
When to file in court and how to serve SUBP-025, SUBP-010
When to file in court and how to serve SUBP-025, SUBP-010 and SUBP-002 (Business records subpoena)… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
This is Family Law Attorney If a doctor has been legally
This is for CA Family Law Attorney If a doctor has been legally served with subpoena to provide medical records, can the opposing counsel write a letter to that doctor ordering said doctor not to resp… read more
socrateaser
socrateaser
1,031 satisfied customers
This is Family Law Attorney If a doctor has been legally
This is for CA Family Law Attorney If a doctor has been legally served with subpoena to provide medical records, can the opposing counsel write a letter to that doctor ordering said doctor not to resp… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a family law case re: custody and visitation
I have a family law case re: custody and visitation tomorrow. I have subpoenaed deuces tecum for hospital records from hospital and financial records from opposing counsel and have not received. I wil… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,847 satisfied customers
Ely, My lawyer's assistant said something weird. She said
Ely, My lawyer's assistant said something weird. She said that if evidence was subpoenaed for a particular hearing it was not admissible into another hearing. That leads into the question, if somethin… read more
Ely
Ely
Counselor at Law
Juris Doctor
103,584 satisfied customers
I am going for guardianship of my grandson, my daughter has
I am going for guardianship of my grandson, my daughter has been into drugs and alcohol for many years, dhhs has been involved for a long time now and it's not helping her, my grandson is 5 and my dau… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
In an Order of Protection hearing in which I represented myself
In an Order of Protection hearing in which I represented myself the other side subpoenaed my phone records for the numbers my two sons used on my account. I was told by Alltell that records don't go b… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Hello, I am still looking for an answer on the following: Subpoena I
Hello, I am still looking for an answer on the following: Subpoena I am aware of what it is, it being served to a person. My question is: A lawyer subpoena's a witness 1. Is it to go through the court… read more
Ely
Ely
Counselor at Law
Juris Doctor
103,584 satisfied customers
My husband and I are separated and I want to not only protect
My husband and I are separated and I want to not only protect myself (as he is a habitual liar, which has lead to the separation) and there are several text messages that he has sent and received whic… read more
LegalGems
LegalGems
Juris Doctorate
13,340 satisfied customers
Socrateaser: I have received documents from my subpoena efforts
Socrateaser: I have received documents from my subpoena efforts and everything is turning out as expected before the hearing tomorrow. I want to ask you if a. Do I have to provide a copy of the subpoe… read more
socrateaser
socrateaser
1,031 satisfied customers
Socrateaser: need help with California Code - Chapter 2: Exceptions
Socrateaser: need help with California Code - Chapter 2: Exceptions to the Hearsay Rule [1270. - 1272.] business records exception Assuming that my documents can NOT be validated by my witnesses as su… read more
socrateaser
socrateaser
1,031 satisfied customers
Customer Did my subpoena question get to you? The website
Customer Did my subpoena question get to you? The website complained about some problem when I submitted my question and I am not sure if it made it to you after all that typing....… read more
socrateaser
socrateaser
1,031 satisfied customers
Sc divorce law - can you clarify for me how suponeaing records
Sc divorce law - can you clarify for me how suponeaing records works in a contested divorce case. Mediation has been attempted and was unsuccessful. The filing party is now claiming to be dissatisfied… read more
Family Law Answers
Family Law Answers
Juris Doctorate
1,261 satisfied customers
If a Subpoena is issued in the state of Texas by an attorney
If a Subpoena is issued in the state of Texas by an attorney and the attorney did not follow the Texas Rules of Civil Procedure, and she issues the subpoena to my employer in another state like New Je… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Can text messages be retrieved and used in divorce court (in
Can text messages be retrieved and used in divorce court (in IL specifically.) AT&T says they are not retained and cannot be accessed, that no phone company keeps them for privacy reasons (beyond seei… read more
Ely
Ely
Counselor at Law
Juris Doctor
103,584 satisfied customers
I am trying to issue and serve subpoenas for discovery, however,
I am trying to issue and serve subpoenas for discovery, however, from what I understand from the Circuit Court, they can only issue a subpoena to a party or business that is located in their jurisdict… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I need to issue a subpoena (I believe) to opposing atty for
I need to issue a subpoena (I believe) to opposing atty for production of medical/psychiatric records of my ex-husband for our custody hearing. The instructions from the judge were "Provide medical in… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
IF A PERSON IS CHEATING ON A SPOUSE AND HAS BEEN SENDING TEXT
IF A PERSON IS CHEATING ON A SPOUSE AND HAS BEEN SENDING TEXT MESSAGES TO A LOVER. CAN THE LOVERS PHONE TEXT MESSAGES TO OTHERS BESIDES THE CHEATING SPOUSE BE SUBPOENA… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x