Legal Question in Civil Litigation in Georgia
Hello! I am a pro-se litigant in a civil matter. I subpoenaed the defendant's phone records from AT&T. AT&T informed me that they will not release the records of the defendant without the defendant's consent. Of course the defendant did not consent to have the records released.
My question is, how is it legal for AT+T to NOT comply with a subpoena? I thought the point of a subpoena was that the party had to comply and submit documents when asked. The defendant's attorney received notice of the subpoena six weeks ago and made no formal objection.
Any advise on how to proceed would be appreciated. Thank you!
Oh, and I'd really appreciate a refrain from snotty comments about how stupid I am if possible. The amount of money in question for this case is less than a lawyer's retainer fee.
1 Answer from Attorneys
Since ATT has objected to your subpoena, you'd need to file a motion to compel against ATT and seek a court order. Be very sure you're on solid legal ground before doing this.