Legal Question in Family Law in Nevada

The short answer is it depends.

Typically, wireless and online information can be obtained by subpoena or through discovery. In a civil matter, a subpoena can only be issued by an attorney or clerk of the court (when a party represents himself/herself pro se) once a lawsuit has been commenced. See Rule 45 of the Nevada Rules of Civil Procedure.

My understanding is that most wireless carriers do not retain the content of text messages, just the phone numbers messages were sent to and received from, and even then likely only for a limited amount of time. As for online information, it largely depends on what information you're trying to obtain and where the information is located. Speaking about social media sites, those companies have obligations under federal and state law to protect users privacy which may limit what can be disclosed via civil subpoena. In other words, while a civil subpoena is a very useful tool, it does have its limits.

By way of example, here is Facebook's policy on releasing information via civil subpoena:

Facebook may provide basic subscriber information (not content) to a party in a civil matter only where: 1) the requested information is indispensable to the case and not within the party�s possession; and 2) you personally serve a valid California or federal subpoena on Facebook. Out-of-state civil subpoenas must be domesticated in California and personally served on Facebook�s registered agent.

A few comments about Facebook's policy: Facebook is located in California which means the California and Federal courts have jurisdiction over it. Jurisdiction is an important consideration because it means that if your lawsuit is pending in Nevada State Court, your subpoena has no legal effect in California or any state other than Nevada. However, if your lawsuit is pending in the U.S. District Court, District of Nevada (or any other federal court for that matter) your subpoena has legal effect on Facebook. Assuming your subpoena is valid, you still have to show that the information is indispensable to your case and not within your possession. Essentially, you have to show that without the information you cannot make your case.

If the individual you are attempting to obtain information about is a party to the lawsuit, you can issue what's called a Request for Production of Documents (RFPD) during the discovery phase. See the Rule 34 of the Nevada Rules of Civil Procedure. Discovery is the period during a lawsuit in which the parties exchange relevant materials, take depositions, and request information from third parties. An RFPD allows you ask that the party produce certain documents or materials for your inspection or copying. This is useful because it asks the owner or user of the cellular number and/or online information to obtain the relevant rather than using a subpoena. Of course, the other party can object and refuse which may require court intervention to settle the dispute.

As always, I recommend that you consult with an attorney as the specific facts of your case will likely change the information discussed above.