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Taylor, Attorney
Category: Legal
Satisfied Customers: 254
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: 12 months ago.
Category: Legal
Expert:  Taylor replied 12 months ago.

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

Expert:  Taylor replied 12 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 12 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 12 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 12 months ago.

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