Legal Question in Family Law in California

subpoena text messages from cell provider

I found sexual text messages on my husbands cell phone to and from a recipient and he has since deleted them when i confronted him. Can i get a subpoena to retrieve those text messages since I am considering a divorce. Or can I do this without actually filing for divorce and just get a subpoena?

Asked on 1/27/09, 10:32 am

1 Answer from Attorneys

James Chau Law Offices James Chau

Re: subpoena text messages from cell provider

You can subpoena the phone company, but this is extremely difficult and probably very expensive. The records are usually for police business. Another way to do this is just to get the text message authenticated by the person who wrote them.

As always please consult with a local attorney in your area before making legal decisions.

Good luck!

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

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Answered on 1/30/09, 4:29 pm

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