How long does it Take to Subpoena Phone Records?
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Phone records are a crucial part of the investigation for a defendant or for proving the ex-relationship between the victim and suspect for the prosecution; thus, they wanted to subpoena phone records.
Subpoena phone records take a maximum of 30 to 45 days to give a response or a minimum of hours to respond. It takes a long time because you first have to get the court’s permission and then ask for a record. It’s tough. That’s why they respond late but recover all SMS and calls, which is important in proving the suspect or victim is innocent.
A lawyer can track all calls and SMS, proving the victim as innocent because, in many cases, the victim tells their location wrong for expressing that they didn’t attempt any crime which has to perform in that area. But subpoena phone record company track call duration and location, which will prove suspect fact percentage.
Often, in cases someone attempts suicide, lawyers track their call and SMS history to reveal why and who forces them to take this move.
All you have to do is a request for history then the subpoena is transferred to the appropriate person or section at the Phone Company, a subpoena according to court orders. It means that the recipient is under a legal obligation to produce the records listed in the subpoena absent a valid reason not to if the recipient of the subpoena feels very or she has a valid objection to the order to produce the records.
Such as confidential issue, then an objection must be filed with the court; likewise, if the recipient cannot comply with the subpoena because the records have been lost, stolen, or destroyed or were never in the recipient’s custody, then the recipient must inform the court.
What is the Process for Issuing a Subpoena?
Now we will go through steps which, if you go through, you will get a subpoena,
- Make sure you have a solid case thus, based on which you can get a subpoena. Getting calls and SMS records only sounds easy, but you must convince the court to permit you, whereas crime cases easily get permission to track history.
- You can ask the clerk to fill subpoena form or go through the court website.
You can see a sample by clicking https://www.uscourts.gov/sites/default/files/ao088b.pdf
- Trust to trustworthy. If you are the assistant of the wrong person, you have ruined your life. That’s why to take time and take assistance from the right person to get the expected result.
- You call to consult with an attorney if you get confused at any point. You can get their number from the local bar association. Some courts also give self-help centers to assist without lawyers.
- Give them all information that they need to proceed.
- Describe call recording so that they will understand for whom records you are requesting.
- Submit documents to the court to get court permission for tracking
What is Included in a Standard Subpoena Request?
First of all, submit all documents to court then you will get a subpoena from the court clerk. Mind that the document must be notarized and signed by the judge or attorney of issuing.
Your server can give a subpoena by following the methods
- By in-person (physical meeting)
- By sending you an email address.
- By the United States postal service.
The server should confirm that they are giving evidence to the right person, and the lawyer should also know about the server so that they will give valid evidence.
How long does it take to produce phone records?
How long it takes depends on case sensitivity like if the case is of suspect murder, kidnapping, or illegal weapon dealing, then the court and police will proceed as fast as they can because these times of cases are too sensitive, they should be treated with care and urgently. That’s why the subpoena process proceeds fast.
Whereas, if the case needs to be made clearer, the process is complete after a long time. It can take 30 days to get the subpoena process completed.
Why does it take so long to get phone records with a subpoena?
If you wish to have a subpoena, keep patient because if you are not used to its process, it will take much of your time to get permission.
After that, sometimes they take a long time to track history for some reason, but still, it gives you results in 30 to 45 days, whereas in an emergency, they respond in hours, days, or 2 or 3 weeks.
If you are a lawyer, you can understand the importance of tracking calls and SMS history. No one knows about the suspect’s past life, friend, and enemies. In today’s age, we all keep our enemies and love on our phones. Therefore, tracing their past is impossible. They keep history on their mobile; thus, it becomes easy for a lawyer to see it.
You should apply to the court to get permission and an attorney to track the suspect’s history. You should fulfill all their requirement to get permission.
A subpoena is the most important move which can take you towards willingness. Yes, sometimes it takes a long time to give you a history result but don’t panic. If you are a lawyer in a very brutal case, the court will help you, and you will get your history in hours.
I’m a driven and accomplished law graduate and post-graduate, passionate about sharing my legal expertise via my blog. I hold a Bachelor’s degree in Law from the University of London (UK) and a Master’s in Law from the University of Derby (UK). Both gave me the foundational knowledge and skills to excel in my chosen career path.
Throughout my academic journey, I have gained extensive knowledge in various fields of Law, including Corporate and Business Law in the USA, Criminal Law, International Law, US Copyright law, and most importantly, American Constitutional law.