How long do I have to subpoena phone records, email & texts


#1

Prior to my wife getting off our cell phone plan i confirmed she was having an online/virtual affair (COMPLIMENTS OF FACEBOOK).

I confronted her with the messages and some picture mails she sent him. She said it was over. Then I saw some more messages sent to a new address he made for her, confronted her again. This time in marriage counceling. Several weeks later her Boss (female) got her a company phone so I don’t have access to those messages. I saw there were hundreds, if not thousands back and forth. They were Instant Messages thru several Yahoo account, and sent to her phone as text messages. My understanding is I can’t retrieve the language of the text message thru Verizon just the time and delivery of a text.

Question is “How long do I have to subpoena records from Yahoo for Instant Messages, emails from her employer, picture mails thru Verizon, also cell and land line phone records from her employer”???

I have seen the proof with my eyes and have forwarded some key messages from her phone to mine, but would like a complete and accurate dialog between this Homewrecker and my wife. Ultimately they got together and consumated the affair :frowning:

Now my 3 children have a broken family :frowning: :frowning: :frowning:

Thanks!!!


#2

We tried to retrieve messages from Verizon for a court case and what we were told by Verizon is that there are several issues. One is the model of phone. Different phones store messages differently…some store strictly on the device itself and remove from the servers. The second is that while Verizon may store info about when and the sending/receiving parties via text, they don’t store content for longer than a month or two when they do store it. Even the info about texts that they do store goes into cold storage pretty quickly because of the sheer volume of texts that people send, so it can be difficult to recover.

Getting info out of her employers may involve their attorneys getting involved to attempt to quash the subpoena, depending upon the type of industry.

NOT AN ATTORNEY


#3

You may subpoena the records any time after you file suit. What you will get back will depend on how long the records are kept by the individual companies you are requesting them from.


#4

Thank you for the information.

Do you have any experience with Yahoo! and how long they keep records?

Also, is there a cost to subpoena these records from Yahoo, Verizon, and her employer?


#5

I do not personally have any experience with Yahoo.

There is a subpoena on the AOC website http://www.nccourts.org/Forms/Documents/556.pdf
As a pro se litigant you will need the clerk to issue the subpoena for you. You need to make a copy for the file, one for opposing counsel and one to serve. There is no cost to file a subpoena.