After a subpoena phone records is served, the party being investigated must respond within thirty days, unless the person served can show why they shouldn’t have to respond.
So, you want to subpoena phone records? But how long does it take? According to a report from the Administrative Office of the U.S. Courts, subpoenas to obtain cell phone records can take anywhere from 30 days to 60 days to issue. And if you want to issue a subpoena in a foreign jurisdiction, it can take about 10 business days to get the process started. How much will it cost? That depends on which service provider you’re using. Most service providers will charge you around $10 per month for a typical subpoena.
Phone records are not hard to obtain, but the process varies depending on whether a subpoena is issued by a federal or state court. Federal courts have broader authority than state courts and therefore require that a court order be issued, whereas state courts need only a simple subpoena to obtain the duplicate records. Depending on the jurisdiction, the duration of the court order may vary. In some cases, the records can be obtained within the day.
What is the process for issuing a subpoena?
The process for issuing a subpoena varies from state to state. But most require that the party requesting the warrant submit a request in writing to the court clerk. Once the court clerk has reviewed the request, the clerk’s office may assign a date and time for the clerk’s office to schedule a hearing.
At the hearing, the parties will present their positions to the court and the court will decide whether to issue the subpoena or not. If the court does grant the request, then the subpoena will be served on the party whose testimony is sought by the subpoena.
There’s a process. A subpoena is usually issued after an investigation. Still, it can also be used if the court feels immediate action is necessary to preserve evidence. If an arrest warrant is needed. In many states, there is no legal requirement for a subpoena. law enforcement officer may request a subpoena without the necessity of the subject being named.
What is included in a standard subpoena request?
A standard subpoena request includes the following
(1) An affidavit containing the affiant’s signature or mark identifying the affiant as a sworn officer or employee of the State;
(2) A certified copy of the complaint filed; and
(3) The subpoena, which should include the date of service, the names of all parties served. The names of the officers and agents to whom service was made. The manner of service, and the return receipt signed by the party served.
How long does it take to produce phone records?
The first step to producing phone records is acquiring the data. Phone records can come from a variety of sources, including your telcos (like AT&T), wireless carriers (like Verizon Wireless), mobile device operating systems (iOS and Android), or an independent 3rd party (a third-party data aggregator)
Phone records can also come from a variety of sources, such as court orders, subpoenas, search warrants, or private investigations. Some records can be quickly provided while others can take longer. It all depends on a variety of factors, including the volume of data. What method was used to acquire the data and the legal process involved in obtaining the data.
Why does it take so long to get phone records with a subpoena?
In many states, obtaining court records through a subpoena process is a lengthy and cumbersome affair. Getting phone records and all of the supporting documents for subpoenas takes a lot of time and effort. The amount of time it takes can vary widely depending on where the records are held.
For example, records held at the county level take significantly longer than those held at the state level.
CONCLUSION
If you are using a private investigation company. You will have to hire a lawyer to subpoena the cell phone records. You should know that it will take a month or two to go through the process. After the records are subpoenaed, you will need to wait until they are delivered to your office.
