How to get local phone records - requesting subpoena


#1

I have requested to get my local phone records showing phone calls (incoming/outgoing calls) made during the past several months (I suspect my ex has had affair before we separated, and she has been deleting caller ID so I couldn’t see who had called during the day). The phone bill is in MY name, yet the phone co. says I need a subpoena FROM my lawyer in order to get the records cause it is too much trouble for them to go back & look up without it legally being requested.

My question is…can I fill out the subpoena myself, without waiting on my attorney to do so? I know it will probably take a month or longer to get the records, and I want to be moving things along as fast as possible. And IF I’m able to do my own supoena, where it says on the subpoena “name & location of court/place of deposition/place to produce”, can I just list my attorney’s name & address? Or does it have to be produced during a particular court date? And how long of a time should I give them to produce the info?

I am also aware that phone records “alone” is not proof enough of an affair, but the records will be helpful with some other evidence I’ve gathered.

Any info would be greatly appreciated.


#2

If you are represented by counsel you will need to have your attorney draft the subpoena.