Legal Question in Civil Rights Law in Washington

Text Messages

My wife is being sued in a civil matter and she has a deposition coming up. They want her to provide her phone records for last 5 years..rubbish. But can they subpoena my phone records as well? I'm a financial advisor and I have confidential client phone numbers that they do not need for the case. Can the subpoena my records as well? And what about text messages? How much access is there to texts?


Asked on 4/27/08, 8:37 pm

2 Answers from Attorneys

Merry Kogut Key Peninsula Law

Re: Text Messages

First, look at the paperwork in the lawsuit against your wife. If it says your name or says "and marital community" then you are also a defendant and thus a party whose phone records can be subpoenaed. Ditto text messages.

You can ask for an order of protection for your confidential phone records, but they're going to be able to get it all, including the number to your girlfriend if you have one. The protection ordr basically only serves to say that only certain people will be allowed to view the phone numbers, and for what specific purpose.

I'm curious to know what the civil suit against your wife is for. If you want to write to me personally, it'd be kept conidential, of course.

Good luck,

Merry A Kogut

[email protected]

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Answered on 4/27/08, 8:55 pm
Merry Kogut Key Peninsula Law

Re: Text Messages

First, look at the paperwork in the lawsuit against your wife. If it says your name or says "and marital community" then you are also a defendant and thus a party whose phone records can be subpoenaed. Ditto text messages.

You can ask for an order of protection for your confidential phone records, but they're going to be able to get it all, including the number to your girlfriend if you have one. The protection ordr basically only serves to say that only certain people will be allowed to view the phone numbers, and for what specific purpose.

I'm curious to know what the civil suit against your wife is for. If you want to write to me personally, it'd be kept conidential, of course.

Good luck,

Merry A Kogut

[email protected]

Read more
Answered on 4/27/08, 8:56 pm


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