Can cell phone records be accessed for civil matters?

Question

When can text message content be pulled from phone records? Only in criminal cases or in civil situations such as divorces also?

Stephen Lombardi · Answer

Oh yes! And they are and we do get them.

Britany Engelman · Answer

Cell phone records can be accessed in civil cases by mean of subpoena.

William Nebeker · Answer

Cell phone records can be subpoenaed in civil, criminal and domestic matters.  However, all information sought in discovery must be relevant to the issues before the court.  If the phone records are not relevant to material issues in the case, they will not be admitted into evidence.

John Kirchner · Answer

As a general proposition, it is the relevance of the phone records to the specific case that controls whether they can be subpoenaed, not the type of case.

Ronald A. Steinberg · Answer

Absolutely yes!!  The issue is: are the records admissible, or will they likely lead to admissible evidence?  If the answer is yes, then the records can be accessed.  If not, then "NO."

Mark West · Answer

To the extent the text messages are relevant, you should be able to obtain them. However, it may be difficult as I believe some providers do not "save" the messages. Discovery of "electronic evidence" is quite the hot topic these days.

Thomas Edward Gates · Answer

In discovery you can request the other party to turn over the cell phone records.

Michael Yeksavich · Answer

Records can be subpoenaed for court.

Rebecca Rainwater · Answer

Phone records, text messages and voice mail message can all be brought in under the evidence code and the proper foundation is laid in any case if the evidence is deemed relevant. Facebook content is also admissible if it meets the evidence code. If a person wants to enter a text message into evidence it is fairly easy. If you have a smartphone you can simply take a picture of the message. The person's name who sent the message or phone number is identifiable at the top. The message is self authenticating.

Paul Whitfield · Answer

Providers generally respond to subpoenas in civil and criminal cases.

Michael Heilmann · Answer

Content is usually erased in 30 days.

James Weiner · Answer

Any subpoena should be able to get the ones that are saved.. it may cost a lot of $$ also. However, most email systems do not save text messages for any length of time so it is unlikely that a subpoena will get you much. The City of Detroit system with Kwamie is an aberation in that it saved them for an extended length of time.

Bernard Huff · Answer

Yes, if they are relevant or will lead to relevant information.

Melvin Franke · Answer

Yes, it is possible.

Anne Howard · Answer

Legally yes, but getting them from the cell phone companies is another matter. Ask the cell phone user to produce them in discovery.

Mark Brown · Answer

Text messages can be admissible evidence in civil and domestic cases. There are technological issues re accessing the messages on another person's phone; and there are sometimes issues with the Rules of Evidence if the party offering texts does nor properly demonstrate that the offered text copy accurately depicts the entire message string.  Usually, the party offers "screen shots" of the message string - but text messages can be edited and manipulated.

Barbara Peyton · Answer

If the record can be authenticated, it is admissible in any court proceeding.  I have seen text messages used many, many times.

Michael Paul Vollandt · Answer

Yes you can use a SDT of the  records if you do it right.

Robert De Groot · Answer

That sort of evidence can be subpoenaed in either a criminal or civil matter.

Pamela Lawson · Answer

Generally cell phone records can be obtained through subpoena to the carrier.  Records can also be obtained through a Request to Produce in a civil divorce case.  There are defenses to a request for records that an attorney can pose through the making of a motion or motions.

Dean Esposito · Answer

The cell phone companies do not keep record of the content of text messages. I have subpoenaed cell phone records in civil cases and have only received bills evidencing the date and time text messages were sent between cell phones.

Richard Damon · Answer

Yes. They can be subpoenaed in a civil case.

James Kelaher · Answer

Cell phone records can be subpoenaed in civil, criminal and domestic matters.

Glen Edward Ashman · Answer

With a subpoena they can be sought in civil cases.

Thomas Bulman · Answer

You will need a civil subpoena.  Your lawyer can serve such a subpoena if a lawsuit has been filed.

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