Subpoenaing Text Messages

Posted by on May 18, 2015 in Blog, Featured

I recently had a client ask me about ‘discovering’ text messages to aid in confirming certain facts in a case.  Although she didn’t use the term “discovery,” discovery is the appropriate term for getting every piece of evidence the other side plan on using against you.  Or as Joe Pesci said in My Cousin Vinny: ” … it sure would be nice to get a look at your files ….” Marisa Tomei was right on the money. The People have to provide it to a client or his/her attorney.

That’s all well and good.  But what if its information the People are not gathering and using in the prosecuting of your case?  Well, you have the right to subpoena that information which will aid in your defense.  But how do you do that?

Generally speaking, courts will allow admission of text messages if they can be adequately authenticated.  That means following the court procedure for subpoenaing evidence for hearing or trial.  Many courts have their own local rules and I urge anyone seeking further information to visit their court’s website.