Can Text Messages be Subpoenad in NC?

North Carolina Divorce Law Divorce and Separation Answers
1

So I caught my wife in a lie about where she was. She was out all night with a coworker, and a check of the cell phone bill shows hundreds of texts on that day leading up to about 2 hours of inactivity. Then after whatever was going on during the inactivity in text messages, there are another 75 messages back and forth. She was out after bars close and strolled in at 6 in the morning, so it’s not like a “night out with the coworkers”. Since I didn’t catch anyone “in the act” I believe that the text messages will paint the picture.

Obviously I am filing for divorce, what I am considering is whether I am going to pursue the criminal conversation element with her “friend”. I have an appointment with a lawyer next week, but being impatient as I am, I am trying to get a head’s up on how I am going to go after this. I know that, as with anything, a lawsuit would be required to be filed before a subpoena, and if that is the case when is the third party notified, immediately? Am curious what his end game will be considering he has a spouse and kids of his own.

No surprise that she is denying everything and says they were just “hanging out” (this came after the lies didn’t add up and I kept pressing). My personal view on the subject is that there are laws in place and I plan on using them to my advantage.

Edited to addLook this may sound vindictive, but for me it’s not about the money. I’m not rich, but I’m not poor and I know that this guy doesn’t have a pot to p*ss in. My sole purpose is to get a confession of some sort for posterity. I have a child and I know this is going to be turned around on me some day in the future. I just want something to prove that there was a reason for the divorce. I have a friend who’s parents divorced and both tell exact opposite stories, and my friend is confused as to what to believe. I don’t want that to happen to my child. So I guess aside from what I wrote above, does there need to be a CC lawsuit to subpoena text messages? If not, what are my other options to get my hands on the content of those messages?

2

The amount of time the carriers save them varies. You would have to contact the carrier directly.

3

Right, I understand that, but I guess my question is more for…what are the circumstances in which it would be permissable to request a judge issue a subpoena for text messages? Is it only CC?

4

Not a Lawyer

As those texts in question could also possibly be used to prove Adultry, which would have a bearing on alimony, I would guess that would be another method to aquire them. But again, not a lawyer.

5

Not an attorney

Depending on when this happened it may already be to late for you. They mainly come into play when people keep doing in way into proceedings. Verizon keeps records for 10 days (if sent successful, otherwise 5 days), they may you jump through all types of steps for civil cases and charge you research fees for recovery work they do. I’ve heard other carriers keep for 30 days. Attorney has to really on stay on top of them, the carriers don’t want to release them. You have to have a active court case to subpoena records in civil cases I think. This one of the questions I asked attorneys we I interviewed mine.