1 Answer

Instructions
1
Ask the judge to approve your subpoena well in advance of the trial. Once a subpoena is served, the receiving party has a certain number of days to respond or object. Also, the phone company will have to be served and given a period of time to comply with the subpoena. It could take up to a month or longer before the requested records are in your hands.

2
Draft the subpoena or have an attorney write it for you. (See Federal Rules of Civil Procedure Rule 45 link in References section to ensure you're doing this properly.)

If all you want are the telephone records and will not require actual testimony from a phone company employee, include language in the subpoena stating that the phone records can be produced in lieu of appearance.

3
Take the subpoena to the court clerk. Have him sign and stamp it.

4
Fill a "Notice to Consumer or Employee and Objection" form as well. (This is required in California, but not in other states. Check with the court clerk in your locality.)

5
Contact a copy service in your area to see if they handle document subpoenas; the service you hire to do this will be the deposition officer.

6
Serve the Notice and Subpoena on the party whose phone records are being requested. Service can be done by any person 18 years an older who is not a party to the case. The other party must also fill out and sign a proof of service.

7
Give a copy of the notice, subpoena and proof of service to the deposition officer.

8
Have a process server serve the phone company with all of the documents listed in Step 6. (In many cases, the deposition officer is also a process server.)

Alternatively, you may serve the phone company by mail on your own. Address the envelope to that phone company's "Subpoena Compliance Division." Send via Certified Mail with return receipt, and another copy by regular mail. Both envelopes must be postmarked on the same date. Retain the green return receipt for your records as proof of service by mail.

9
Allow at least 15 days from the date the other party's phone company was served for them to produce the phone records. (Compliance time may vary; check the laws in your state.)

10
On the specified production date, check with your deposition officer to find out how soon the phone records will be available to you.

Read more: How to Subpoena Phone Records | eHow.com http://www.ehow.com/how_6956960_subpoena-phone-records.html#ixzz2099ngrIl