Lawsuit Information Center
This guide breaks down everything you need to know about subpoenas for phone records. Our lawyers explain the legal process for obtaining phone records, how much it costs to subpoena phone records, and whether you can access someone else’s records without their consent. We also discuss whether you can subpoena text messages and what kind of data wireless carriers store.
Whether you are involved in a lawsuit, need evidence for a legal dispute, or are simply concerned about your privacy, understanding the rules around cell phone records can be critical. Knowing when and how these records can be accessed may help you protect your rights or build a stronger case.
Obtaining Cell Phone Records by Subpoena
The primary method of obtaining cell phone records is by subpoena. The subpoena is issued to the cell phone company or wireless carrier (e.g., Verizon Wireless, AT&T, etc.) requesting all available cellular use records and data for a specific wireless customer or phone number. The cellular carrier usually has a compliance department that reviews the subpoena to verify it meets certain requirements. Once compliance is passed, the cell phone company will generate the requested records and produce them in response to the subpoena.
What Is a Subpoena?
A subpoena is a legal order directing someone to produce or bring documents or other physical evidence or directing someone to physically appear to testify in court. The subpoena has the effect of a compulsory court order so that if the person served with the subpoena does not comply, they may be subject to judicial penalties.
How Do You Get a Subpoena?
In order to get a subpoena and serve it on someone, you need to be a party in a pending civil court case and the subpoena must be related to that case. If you do not have an active court case you cannot get or serve a subpoena. If you are represented, your attorney will have pre-stamped subpoena forms and can issue the subpoena for you. You must get a stamped subpoena form from the court clerk’s office if you do not have a lawyer.
What Information Do You Need to Include in the Subpoena?
Any subpoena for phone records will need to include some fairly basic and straightforward information. For starters, you will need to identify the account holder’s cell phone number and name for that particular cell phone number. You will also need to provide a detailed description of exactly what records you are requesting.
Be sure to include some sort of limited time frame parameters in your request because if the request is too broad, the cell phone company might object. For example, don’t just request “all cell phone records for Jane Smith.” That is just too broad, and if Jane has been with the cell phone carrier for a long time, that type of open-ended request could involve years’ worth of records that probably have no relevance to the case. A better approach is to put a reasonable time frame in your request, such as cell phone records for the last two years.
How Much Does It Cost to Subpoena Phone Records?
The expense of obtaining phone records through a subpoena varies. That sounds like a lawyered up answer. But it is true. Telecom providers usually have varying charges, a per request charge and additional costs for each phone record they provide. Some states limit the amount of the charges. So the cost can range from less than $100 to thousands of dollars.
Serving the Subpoena
A subpoena for cell phone records must be formally served on the cell phone company by the rules of service in your state. Service requirements vary by jurisdiction, but they usually require that the subpoena be hand delivered or sent by certified mail. Hand delivery of the subpoena can be done through the sheriff or a private process server.
The tricky part is finding who and where to serve the subpoena for the phone company. You can’t just send it by certified mail to the address on the phone company website. All big corporations have registered agents in each state who are appointed to accept service of legal documents on behalf of the company. You will need to find out who the registered agent is for the phone company in your state and then serve the subpoena on that agent.
Most cellular carriers may have a separate compliance office set up expressly to handle legal requests for cell phone records. You can usually speed up the response time by sending your subpoena directly to the compliance office for the carrier. You will still need to serve the subpoena on the registered agent, even if you also send a copy to the compliance office.
How Long Does it Take for the Cell Phone Company to Respond?
Don’t expect a quick response when you subpoena cell phone records. Each carrier is different, but they all take a long time when responding to subpoenas. The average response time can be anywhere from 6 weeks to several months. The best way to ensure a quick response is to make that you follow all of the proper steps and procedures. This includes the court rules for proper service of a subpoena and any internal guidelines or policies that the cellular carrier might have for subpoenas.
Also, the cellular company is entitled to charge a reasonable fee for producing the phone records in response to your subpoena. These fees are usually not very much, but you must pay the fee before the phone company produces the requested records.
The decision to issue a subpoena usually hinges on the specifics of a case. Of course, it’s advisable to issue a subpoena as early as possible for two main reasons. As we already said, obtaining certain records might be time-consuming based on the nature of the information required. Secondly, you just do not know how long the company is retaining the data. So you want to get it before it is deleted.
What Do Subpoenaed Phone Records Show?
Subpoenaed phone records can reveal more than most people expect. At a basic level, they show call logs—who you called, who called you, and how long each conversation lasted. They also include text message logs, meaning the date, time, and recipient of each text, though not always the content of the messages themselves. Depending on the case, records may even pull in cell tower data, tracking your approximate location when calls were made or texts were sent. It is a digital footprint, mapping out connections and movements over time.
In criminal cases, these records can help establish a suspect’s whereabouts or communication patterns. In civil cases—like divorce or personal injury lawsuits—they might be used to prove contact between parties or uncover hidden relationships. But phone records do not include everything. Without a wiretap order or search warrant, authorities typically cannot access the actual content of your calls or texts. Still, even the metadata alone can tell a compelling story, and that is often enough for attorneys or law enforcement to build a case.
Cell phone records can include location data, but it is not automatically provided unless specifically requested. Every time a phone is turned on, it regularly connects—or “pings”—the nearest cell tower to maintain service. These connections create a log of the phone’s approximate location at different points in time, stored by the cellular carrier. In legal cases, this data is often crucial for establishing a person’s whereabouts, whether to confirm an alibi, track movements, or place someone near a crime scene or disputed location. But that this is not pinpoint GPS tracking—it only shows the general area based on the distance from a tower.
If you need location data from phone records, you must explicitly request it in your subpoena. Carriers will not automatically include this information when producing call logs or text message records. Your request should clearly specify what kind of location data you are seeking—such as historical cell tower records over a certain period. Additionally, obtaining this data is not free. Carriers often charge significant fees for retrieving and producing historical location logs, which can vary depending on the scope of the request and the length of time covered. The more detailed or extensive the records, the higher the cost.
How to Use Cell Phone Records in Personal Injury Cases
If you properly subpoena cell phone records in a personal injury case, they will usually be admissible as evidence in court. This means you can introduce the cell phone records as evidence at trial or in connection with a summary judgment. Cell phone records can be used to prove or refute various facts in a personal injury lawsuit. Exactly how you use cell phone records in a civil lawsuit depends on the factual circumstances of each individual case.
Using Cell Phone Records to Prove Texting and Driving
One of the most common and most powerful ways that cell phone records are used in personal injury lawsuits is to prove per se negligent in an auto accident case. Texting and driving is against the law in all states. If you are involved in an accident, and you can prove that the other driver was texting at the time of the accident, you may be able to establish that he or she was legally responsible for the accident.
Example Cell Phone Record Subpoena Language
SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS
To: Verizon Wireless 1320 North Courthouse Road Arlington, VA 22201
You are hereby commanded to produce and permit inspection and copying of the following documents and things located at your place of business or under your control and to bring them to the office of Miller & Zois, located at One South Street in Baltimore, Maryland on August 16, 2023, at 8:00 a.m:
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- All business records and billing records relating to the telephone number assigned to Jane Doe from March 1, 2024, to March 31, 2024.
- Any records identifying any calls made to or from the above-referenced telephone number during the above-referenced period, including, but not limited to, call detail records, call logs, and telephone bills.
- Any records identifying any text messages sent to or from the above-referenced telephone number during the above-referenced period, including, but not limited to, text message logs and text message content.
- Any records identifying any internet activity performed on the above-referenced telephone number during the above-referenced period, including, but not limited to, internet usage logs, internet search history, and internet browsing history.
Please provide the requested documents and things in their original format and in a reasonably usable format, such as a printout or electronic copy.
This subpoena is issued under the authority of Maryland. You must comply with this subpoena and produce the requested documents and things on the date and at the time specified above.
If you fail to comply with this subpoena, you may be held in contempt of court and subjected to sanctions, fines, or imprisonment.
Can My Phone Records Be Subpoenaed Without My Knowledge?
Yes, your phone records can be subpoenaed without your knowledge in certain legal situations. If law enforcement or a government agency is investigating a crime, they can request a subpoena for your phone records without notifying you. This typically happens when authorities believe that informing you of the subpoena could compromise an investigation. Under the Stored Communications Act (SCA) and other privacy laws, telecom companies may be legally required to provide phone records in response to a valid subpoena, court order, or warrant. However, they are not always required to inform the account holder.
In civil lawsuits, things are murkier. If you are involved in a divorce, a business dispute, or an injury claim, the other side may try to get your phone records. Some courts require that you be notified, but not all. If you find out about it, you can fight back by filing a motion to quash the subpoena, arguing it is too broad or invades your privacy. But if the request meets legal requirements, your records might be fair game.
The truth is privacy is not as airtight as people think. If your records are being sought in a criminal case, you may not even realize it until much later. In civil cases, you have a better shot at stopping it—if you act quickly. If you are worried your phone records are at risk, a good lawyer can help you figure out your next move (not us, this is not something we do).
How Long Does Carriers Like Verizon Keep Phone Records for Subpoenas?
Verizon and other cell phone carries retain different types of phone records for varying lengths of time, which can impact what is available when responding to a subpoena. Call logs, which include details like the numbers dialed, incoming calls, and timestamps, are typically stored for one year. Text message metadata—showing when and to whom a message was sent—is usually retained for up to one year, but the actual content of text messages is not stored by Verizon after three to five days. This means that if you need the content of texts, a subpoena must be issued quickly before the messages are deleted from Verizon’s servers.
Location data, which tracks a phone’s connection to cell towers, may be stored for up to one year but is not automatically included in standard phone records. If historical location information is required, it must be specifically requested in the subpoena. Other records, such as billing statements, are generally available for up to seven years. Given these varying retention periods,you have to act quickly when issuing a subpoena for Verizon phone records, as delays could mean key data is no longer retrievable.
Can you take any of these answers to the bank? No. Policies and rules change like the weather. What do you do? Make the attempt to get the records as soon as y0u know you need them.
Cell Phone Appellate Opinions
- Mace v. Wisely (West Virginia 2024). Mace filed a motion to subpoena phone records, but the court denied it as moot after dismissing his lawsuit. This ruling underscores an important principle: courts will not grant discovery requests, including subpoenas for phone records, if the underlying claims fail to state a valid legal cause of action. This decision highlights a common issue in civil litigation—subpoenas for phone records must be tied to a legally sufficient claim. Even if a plaintiff believes phone records contain exculpatory or incriminating evidence, courts will not approve such requests if the case itself lacks merit. In Mace, the dismissal of his claims meant he had no legal basis to obtain phone records, reinforcing the importance of ensuring a complaint survives preliminary motions before seeking discovery.
- United States v. Hunt (9th Cir. 2024): The Ninth Circuit examined whether law enforcement could search data on an abandoned cell phone without a warrant. The court concluded that even if a phone is considered abandoned, accessing its digital contents without a warrant violates the Fourth Amendment, distinguishing between the physical device and the data it contains.
- Davis v. Disability Rights New Jersey (New Jersey 2023): The New Jersey Appellate Division found that a former employee’s private social media accounts and personal cell phone records are relevant in a wrongful termination case especially when the employee alleges severe emotional distress from the termination. The case underscores the limited privacy scope of personal digital data in litigation.
- Edwards v. Jabar (Arkansas 2023): In a car accident case, the plaintiff provided multiple incorrect phone numbers and carriers to the defendants, leading to extended delays and additional legal motions. The defendants argued this was intentional withholding, while plaintiff contended it was a genuine mistake. The Arkansas federal court judge found that plaintiff knowingly failed to provide the required information within the stipulated timeline, causing the defendants unnecessary legal expenses. As a sanction, the court ordered Edwards to compensate the defendants for their related attorney’s fees and costs, though stopped short of imposing a spoliation inference at trial regarding the cell phone records.
- Ortiz v. Amazon (California 2018): In an employment dispute where the plaintiff accused his former employers of underpayment and denying him adequate breaks, the court ruled the plaintiff did not have control over his cell phone records since they were under his wife’s name. But the plaintiff’s delayed communication and refusal to provide details about the account led the federal court to order him to give his wife’s details for a subpoena.
Can You Subpoena Social Media Info?
If you subpoena cell phone records, you will only get records relating to texts and phone calls. These records will not include any information about the cell phone owner’s activity, posts, or messages on social media platforms like Snapchat, Facebook, Twitter, etc. If you want to obtain information about someone’s social media activity, you will need to serve a separate subpoena on the specific social media company you are targeting.