I received a letter from my prior cell phone company which indicated that I can serve a subpoena on my own cell phone records as they have records on them for a two year period. I want them to use them as evidence in a undue influence case estate case against my brother who has committed elder physical, financial, and emotional abuse on my father. Do I have to have a open court case to do this? Can a attorney do this before the case is filed in court? Or can I do this myself under my power of attorney or other way to get the records? Is the process complicated?
Yes. You or attorney may subpoena relevant documents and records such as cell phone records.
No. Open court case is not necessary for attorney to subpoena records.
No. You may not subpoena records as an agent in a POA.
No. Process not complicated if you know how to do this.
FYI. If records belong to you, you should be able to obtain them without necessity of subpoena.
I agree with my colleague. Depending on your service provider you may have to subpoena twice - once for cellular activity and separately to subpoena text messages.
My answer is based on the limited information provided in the question and therefore is prepared for informational purposes only and is not legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Anyone viewing the information should not rely or act on it without seeking professional counsel. My answer is not intended to constitute legal advice or to substitute for obtaining legal advice from an attorney licensed in your state. My answer is not intended to be advertising under applicable laws and ethical rules.
I think you are confused. Why would you need to subpoena your own phone records? Just ask for them. You can't exercise a subpoena without a case being filed and served on the defendant/responding party. You don't need a power of attorney to get your own records. You need legal assistance from an attorney.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline