So How do you get Text Messages by Subpoena?ġ. Federal law requires the cell phone subscriber consent to the request before a carrier is obliged to provide any information. Moreover, carriers often rely on the federal Stored Communications Act to refuse to comply with state court-issued subpoenas. This provides a very limited time frame to obtain the data from the carrier directly. The most important concept to understand about text messages is that the content of text messages (i.e., the message communicated by one person to another through a cell phone) is only kept by the cell carrier for two to three days.
This may leave you wondering how it’s possible to get text messages by a subpoena. However, anyone who has ever tried to obtain text messages through a court proceeding knows how difficult, and often impossible, it can be. Text messages are used often in family law cases, particularly in divorce and child custody litigation.
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