Legal Question in Family Law in Texas

Text Message Subpoena

Do I have to get a subpoena to get my wifes text messeges if the account is only in her name? I want the actual messages and what they said. How long do cell phone companies keep the text messages(the actual words)? She has AT&T and Alltel. And what would I have to prove to get the subpoena? Or can a lawyer just ask for them because I suspect she is having an affair. Thanks


Asked on 4/21/09, 3:59 pm

2 Answers from Attorneys
Edgardo Baez The Baez Law Firm, P.C.

Re: Text Message Subpoena

To get a subpoena, there has to be a cause of action in court. In other words, attorneys canno't issue subpoenas sua spontae without a case in court.

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Answered on 4/22/09, 12:34 pm
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Text Message Subpoena

You really need to talk to a good family law attorney. This isn't TV. There can be ways to get such things from a provider during a divorce, but it's not easy and it's not cheap, and it may not even be necessary.

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Answered on 4/21/09, 4:18 pm


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