legal question concerning phone records

[lazarus]

I've tried to get the records of all incoming calls I've received over the past 14 months for my custody case coming up.

The phone company says they'll be happy to provide them with a subpeona.

My question is, why do I need a subpeona to get a record of who's called me? It's my own phone, after all. And how would I get a subpeona, anyway?

[Rainbowreflect]

1. I don't know the answer to your question,

but I would like to. Did you ask them for their reason?
:kick:

[Shakespeare]

2. Short answer: S.O.P.

Standard practice. Say, for example, you had an attorney representing you--he'd have to produce a subpoena for them, too. It shouldn't be much trouble to get them, as the subpoena will not be contested.

It's a hoop you've got to jump through, unfortunately, but it shouldn't be cause for concern. Good luck to you.

[GOPisEvil]

3. Your attorney can ask the judge to issue a subpoena.

Basically the phone company is playing the CYA game.

[lazarus]

4. I don't have an attorney

How does an ordinary guy get one of these? Very frustrating.

[GOPisEvil]

13. It's a subpoena pro per, and it's usually issued by a court clerk.

It's a subpoena for those who are representing themselves in a legal matter.

[lazarus]

14. Okay

looking into that now. Sigh.

[GOPisEvil]

15. I'm glad NSMA showed up - I had forgotten what these things were called.

The ones I get are subpoenas duces tecum. :D

Why can't lawyers just speak English, dammit? :P

[lazarus]

16. heh

I just found out the local sheriff's department there won't serve her unless it's criminal, so now I'm tracking down the only process server in the area. Oy!

I sent her the notice for the hearings coming up certified mail, and she moved the day before it got there. So the post office was going to hold on to it for two weeks. I finally talked them into returning it to me, so I can send it back out again. The return wasn't overnighted, I can tell you that. :eyes:

I have to get this to her by Monday, or the hearing's postponed. This is ludicrous, especially considering that she moved like that.

BTW, she moved back in with the guy who was abusing her and my daughter (the reason she let me have Cassie for the past year in the first place), so I'm not real worried about the custody hearing. :D

[Weezy]

5. legal question concerning phone records

sorry-just saw latest post. Judge has to o.k. a subpeona I think. Call your local city hall, maybe they know...
I work for TPC(the phone company) Not sure where you are but in IL legally we can not just send that type of info out. We can send you a listing of outgoing calls made from your#, but not calls made from an account that is not yours. As everyone said before, you can have your atty. get a subpeona & I would imagine you'd get your info. without a problem. Also, we are legally required to keep 6 months of records on file. (at least that's what I was told) You may be able to get 14 months worth, but it's not a guarantee...Good Luck.

[Weezy]

6. Not that it's any of my business..

Wondering why you need incoming calls? Is it a case of harrassing calls? Cuz if that's the case, you need a police report# & a trap. If not, how come you have to prove someone called you? Shouldn't they have to prove that? Why do you have the burden? Just curious...

[nothingshocksmeanymore]

7. In all probability the phone company wants a subpoena for incoming calls

because some numbers are blocked and they need a paper trail to demonstrate that there was just cause to publish a blocked number...a subpoena requires that one demonstrate cause..you are only entitled to see numbers to calls that you paid for.

I'm not sure of why you feel you need call records...it's not as though they detail or prove anything as far as custody is concerned.

[lazarus]

9. I just want calls that would show up on the caller ID

I was saving them, then my daughter for some reason decided to delete all the caller ID records on both phones. grrr.....

The reason I want them is this: Part of the case I'm building for custody is that her mother neglects her. Showing the months that she doesn't bother calling is part of that. I thought having the records would be a good thing, instead of just saying she never called, and having her respond that she did. Who's the burden of proof on in that case?

That's what's frustrating about this. I ALREADY GET all incoming calls that aren't blocked. I already see them on my caller ID. I just want a copy of the caller ID log. That's it.

[nothingshocksmeanymore]

11. Then send a subpoena pro per

but I really doubt that that kind of proof is required since the mom can be asked under oath or via affidavit whether she is in regular contact..she could also use it to allege that she is discouraged from calling by you...custody cases are full of innuendo being tossed around.

[lazarus]

12. She'll lie, btw

Doesn't matter if it's under oath. The truth is not in her.

It doesn't matter anyway, I think I've won this case simply because of her latest actions I told you about. I'm just trying to cover all the bases.

[Skittles]

8. when I worked at a phone company

I needed a subpeona to give out phone records; they usually came from prosecuting attorneys. Contact a lawyer.

[lazarus]

10. If I could afford a lawyer

I wouldn't be asking in the Lounge. :D