Legal Question in Family Law in California
Subpoena for phone records. Help!
I need to get copies of past cell phone records for use in filing my contempt charges against my exhusband. He is court ordered to maintain a phone in the home for my phone visitation with my son, as well as interfering with my relationship with my son. When I opened an account with my carrier, I had the option of receiving a text notification of my amount due and the date, an E-bill, or a paper bill, stupid me went for the text notification. But, I did change my billing preference while I was on the phone with customer service. When I called my cell phone company to try and obtain these records and was told that I would have to subpoena them. I am getting all of my information together before I hire an attorney so this will save myself some money. My question is, how do I process a subpoena? Where do I get one? I know that CA has court forms online but what form would I need to use? Thank you for your time and assistance.
1 Answer from Attorneys
Re: Subpoena for phone records. Help!
Subpoenas are issued by the clerk of the court. You need to use a subpoena duces tecum to get a copy of the telephone records. A copy of the the subpoena duces tecum must be mailed to your husband.