If I’ am going through a divorce and y spouse has issued a subpeona for my cell phone records, can she get them?

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If I’ am going through a divorce and y spouse has issued a subpeona for my cell phone records, can she get them?

Asked on April 17, 2012 under Family Law, California

Answers:

Madan Ahluwalia / Ahluwalia Law P. C.

Answered 9 years ago | Contributor

It depends upon the relevacy of records to the case/situation.

California Code of Civil Procedures provides:

Unless otherwise limited by order of the court inaccordance with this title, any party may obtain discovery regardingany matter, not privileged, that is relevant to the subject matterinvolved in the pending action or to the determination of any motionmade in that action, if the matter either is itself admissible inevidence or appears reasonably calculated to lead to the discovery ofadmissible evidence. Discovery may relate to the claim or defense ofthe party seeking discovery or of any other party to the action.Discovery may be obtained of the identity and location of personshaving knowledge of any discoverable matter, as well as of theexistence, description, nature, custody, condition, and location ofany document, tangible thing, or land or other property.

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