Regardless, the “content” cannot be obtained in civil cases. The content is forever lost after this occurs. Verizon, for example, will purge text message content from its electronic storage system after just 10 days. Cellular service providers maintain records of text message content for a very short period of time. Even in these cases the information has to be requested very quickly. Text message content (what is actually communicated in the text messages) may only be obtained from the provider by a law enforcement officer or prosecutor pursuant to a search warrant in a criminal case or criminal investigation. Federal law makes a distinction between “content of the communication” and “records concerning the communication”. An attorney can easily obtain a court order or subpoena to get the records directly from the service provider, but there are limitations on what the provider can produce. Federal law prevents production of these documents without a court order or subpoena. The attorney’s best option is to request the records directly from the cellular service provider (ie. There are consequences for deliberately destroying evidence that has been requested in a court case, but it is often difficult to prove that intentional destruction has in fact occurred. In my experience these documents quite often mysteriously disappear from the party’s possession as soon as I request them. The attorney can ask for screen shots of text messages that are in the party’s possession as well as copies of documents reflecting the call and text history printouts that the party receives from his cellular service provider.
If there is a civil case pending then an attorney may request a party to produce his or her cellular records by sending him or her a Request for Production of Documents or a Notice to Produce.
The attorney isn’t authorized to request any records if there’s not civil case that is ongoing. First, there has to be an active civil case pending (ie divorce) for any records to be obtained without a wireless customer’s permission. By Lance Owen | Posted in Divorce | No comments yet
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