How to Write a Third Party Subpoena for Phone Records
A subpoena duces tecum (literally, "produce for taking under penalty") is a summons instructing the named recipient to produce documents or other tangible evidence for use during an ongoing legal matter. Both parties to a civil or criminal matter may subpoena each other for evidence during the discovery process. Occasionally, one party may find the need to subpoena the records of another third party who is otherwise not involved in the matter. This is called a third-party subpoena, and it must follow certain guidelines to avoid invalidation. Does this Spark an idea?
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Things You'll Need
- Docket information
- Individual's personal information
- Telephone number(s)
- Photo identification
- Filing fee
Instructions
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Determine if you have a legitimate reason for requesting the phone records of a disinterested third party by linking the individual to the matter in some way. Phone calls made to the individual from an involved party, or vice versa, is the most common reason for requesting a third party's phone records. The phone records of a party's employer are also discoverable, but the records are typically limited to the phone number(s) the party used during the course of his employment.
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Begin a new typewritten document. Add your full name, mailing address and telephone number to the top. Beneath this, state the full, formal name of the court adjudicating the matter. Add the full case caption directly below the name of the court. (Ref #2, #3)
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Enter the full name of the individual to whom the third party subpoena is addressed, along with the address where the subpoena will be served. If you plan to serve an additional copy via facsimile or email, include this information, as well.
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Enter the full name, Social Security number and telephone number(s) of the party in the matter for whom the records are being requested. For example, if you are requesting the phone records of a physician's office, and the party is an employee of the office, enter her name and Social Security number along with the telephone number(s) for which you are requesting records.
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List exactly what records you are requesting, including dates, times, locations and other detailed information. For records through a period of time, provide a specific begin and start date -- for example, if you are requesting records beginning in May 2010 and ending in August 2010, include verbiage such as, "records of telephone calls to and from (telephone number) between the dates of May 2010 and August 2010." If you are demanding records of textual messages, emails or other activities for the telephone number, include this in your request. Be as specific as possible to decrease the recipient's burden and reduce the chance that your subpoena will not be overturned. (Ref #5)
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Provide the date by which the recipient must provide the records and/or appear to testify about the records. While each state imposes its own rules governing the time allotted to respond, the typical timeframe is 30 days from the date of receipt. Also provide the time the recipient must appear to testify regarding the records, and the address of the location where he should appear, should he choose to testify in lieu of or in addition to producing the phone records. (Ref #1, #3)
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Type your full name at the bottom of the subpoena and leave a space for your signature. Print the completed subpoena and attach an unsigned affidavit to the back.
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Produce your unsigned subpoena and affidavit to the clerk of the court adjudicating the matter. Bring photo identification with you to verify your identity. Sign both the subpoena and the affidavit in the clerk's presence, then have the clerk sign the affidavit.
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Tips & Warnings
Always check your state's procedural rules before drafting your subpoena. While most states have adopted the Federal Rules of Civil Procedure, some have included addendums these rules with their own or added additional rules governing the content and service of subpoenas.
References
Resources
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