I already know that you cannot subpeona a person from a different state... but is it possible to have the phone records of that person (that lives in a different state) subpeonaed?
2007-02-27 07:23:34 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Obtaining telephone records via subpoena is a legal matter of which certain criteria must exist before the communications company is required to provide those records.
I can assure you that unless you have legal justification....it won't happen!
Best wishes!
2007-02-27 07:29:12 · answer #1 · answered by KC V ™ 7 · 0⤊ 1⤋
Yes, if done properly. The subpoena must issue out of the court having jurisdiction in the other state. This is usually done by opening a miscellaneous action and getting an order (easily done) for the subpoena to issue.
PS - I respectfully disagree with those who say it will be a losing battle to get the records. I've done it many times with absolutely no battle.
2007-02-27 07:28:47 · answer #2 · answered by Anonymous · 0⤊ 0⤋
nicely, this guy has you via the balls with the intention to communicate, as he's doing this on the telephone, and not in emails, or letters, which might provide you the evidence. So, as others have mentioned you're able to record extra advantageous than between the conversations, it incredibly is #a million. you pick the evidence. in case you may get him to place it into written type this often is the evidence. you could notify HIS protection tension upline (for a loss of extra acceptable phraseology) and make a criticism of abuse. the protection tension take this heavily. you will could additionally, circulate the path with the community police. And report expenses if possible, with a restraining order. basically getting the restraining order will in all possibility fairly set him off, so which you prefer a backup plan. mutually with, relatives protection, shifting to a diverse city, abuse shelters etc. Take an afternoon or 2 to look after regardless of funds you could from economic corporation bills, fee reductions etc as you will choose it. And proceed with the plan to circulate away him. save issues as secret as you could, and basically have faith people who wont enable him understand the place you and the babies are.
2016-12-14 07:05:10 · answer #3 · answered by kleckner 4 · 0⤊ 0⤋
Generally, not unless you are law enforcement personnel investigating a crime.
If it's a civil matter, the phone company would require a court order in order to produce the call records of one of its customers.
In order to get a court order, you would have to convince a judge that these phone records are essential to prove the relevant facts in your case. NOTE the word RELEVANT here, this is what is critical. Judges don't allow fishing expeditions.
This would all be presuming that your case has been properly filed and the opposing party has been served. Of course, the opposing party can object to your motion requesting an order, in which case a hearing would be held to hear arguments.
2007-02-27 07:36:10 · answer #4 · answered by gw_bushisamoron 4 · 0⤊ 1⤋
You can subpoena anyone you want; whether they are obligated to produce the records or not is a different story.
2007-02-27 07:27:33 · answer #5 · answered by Anonymous · 0⤊ 1⤋