How long do cell phone companies keep text messages?

They sit on the company's server for anywhere from three days to three months, depending on the company's policy. Verizon holds texts for up to five days and Virgin Mobile keeps them for 90 days. AT&T, T-Mobile and Sprint do not keep the contents of text messages.

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Subpoena
Subpoena Duces Tecum

Form Subpoena For Cell Phone Records

Name: Form Subpoena For Cell Phone Records
Brand: US Legal Forms
Rating: 4.64 (429 reviews)

Category:

Criminal - Subpoenas

State:

Multi-State

Control #:

US-00861

Format:

Instant download

Description Subpoena Duces Tecum Template

This is a Subpoena Duces Tecum. This form is used when asking for someone to bring documents needed in a particular case, to a certain location at a certain time. This form may be used in all states.

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Baltimore City Subpoena Form FAQ

This is not a common occurrence, so, in short, the answer is, yes, text messages can be subpoenaed, but, no, they are not frequently used as evidence for the reasons above. Text messages can fall into the murky area of 'hearsay evidence,' which is inadmissible in court.

They sit on the company's server for anywhere from three days to three months, depending on the company's policy. Verizon holds texts for up to five days and Virgin Mobile keeps them for 90 days. AT&T, T-Mobile and Sprint do not keep the contents of text messages.

The legal process used to subpoena phone records is to issue a subpoena duces tecum, often referred to as a third-party or non-party subpoena, to the provider of the phone service. A subpoena form can be used to request phone records.

Unlike many other records, wireless phone records or call detail records (CDR), are not protected by the Stored Communications Act and are not protected by the Fourth Amendment. They can be obtained via subpoena or by request of the account holder via a notarized letter.

Requesting Phone Records in a Court Case. File your lawsuit. Probably the only way to get someone else's phone records legally is to request them as part of a lawsuit. You must have a lawsuit already going on, and you can't file a lawsuit simply because you're curious about what's in someone's phone records.

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Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action. Download Form (pdf, 758.A subpoena duces tecum must be directed to the person who is in charge of the documents, books, or records you want produced in court. Legal order requiring the production of documents, electronically stored information, records or objects. What is a "record" that you can subpoena? Who Can Search Cell Phones? Choose production date and "deposition officer" (photocopy company). And court ordered requests nationwide for wireless customer records.

Form Subpoena For Cell Phone Records

Description Subpoena Duces Tecum Template

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How to fill out Subpoena Duces Tecum Fillable?

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Subpoena Duces Tecum Example Form Rating

Subpoena Duces Tecum Sample Ny Form popularity

Arkansas Garnishment Forms Other Form Names

Baltimore City Subpoena Form FAQ

Can you subpoena text messages in California?

How long do cell phone companies keep text messages?

How do I subpoena phone records in California?

How can I pull my phone records?

Is it possible to get someone's phone records?

Subpoena Duces Tecum Fillable Interesting Questions

What is a form subpoena for cell phone records?

Can I use a form subpoena for cell phone records in multiple states?

Why would I need to request cell phone records?

What information can I obtain from cell phone records?

How do I fill out a form subpoena for cell phone records?

Where can I find a form subpoena for cell phone records?

Is it free to request cell phone records through a form subpoena?

How long does it take to receive the cell phone records?

Can I use cell phone records as evidence in court?

What should I do if the service provider refuses to release the cell phone records?

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