Legal Question in Technology Law in Missouri

Text messaging records
I'm going through a divorce and would like copies of all text messaging to and from my husbands phone. I was told that even with a subpeona Sprint will not release the records unless it is a criminal case.
The account is in my husbands name but I am an authorized user. I know this information will come out in the discovery phase of the divorce but would like it sooner to help strategize.

Asked on 1/09/08, 5:23 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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Re: Text messaging records

The cell phone company will presumably honor a subpoena in a civil case just as it would in a criminal case. It gets subpoenas all the time and has attorneys and a professional staff who know how to respond to them.

The subpoena will be part of the discovery process. You can't make the company give you anything before then, no matter how helpful early access would be to you.

Keep in mind that there will be a period of time after you serve your subpoena and before the company responds. One reason for the delay is to give the person whose records are subpoenaed (in this case your husband) time to object. You should expect him to do so. You will then need to explain to the court why your interests should outweigh not only his privacy but also that of the people with whom he traded messages. That may be a difficult argument for you to win.

Answered on 1/09/08, 10:14 pm

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