Can and or will a judge subpoena phone and text messages in divorce procedings if they are requested by the other party?

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Can and or will a judge subpoena phone and text messages in divorce procedings if they are requested by the other party?

Asked on October 19, 2010 under Family Law, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, sometimes the Judge will indeed order the records produced or sign a  subpoena for them if the party requesting the subpoena can make out a good enough case for needing the records.  Phone records are easier it seems to get than text messages.  Text messaging is really protected by the phone companies because the conversation is revealed and conversations there are considered private and therefore protected.  Phone messages - how would you get them?  You mean phone records.  The records do not reveal the conversations so phone companies are not as protective of the information.  The distinction is really key here.  So you need to make a good argument as to why you need the records and good luck.


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