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How Do You Subpeona Text Messages for a Divorce Case

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  • 12-01-2010, 01:38 PM
    nebco1
    How Do You Subpeona Text Messages for a Divorce Case
    My question involves a marriage in the state of:Nebraska
    My spouse still says she was not cheating on me how do I go about getting the text messages that she exchanged
  • 12-01-2010, 01:41 PM
    Dogmatique
    Re: How Do You Subpeona Text Messages for a Divorce Case
    Quote:

    Quoting nebco1
    View Post
    My question involves a marriage in the state of:Nebraska
    My spouse still says she was not cheating on me how do I go about getting the text messages that she exchanged



    Assuming that the carrier actually keeps the text messages (some do, some don't), they're not going to release them without a court order.

    You need an attorney.
  • 12-01-2010, 02:07 PM
    Mr. Knowitall
    Re: How Do You Subpeona Text Messages for a Divorce Case
    The answer is, of course, implied by your question - you use a subpoena. If you have an attorney that's easy enough - your attorney will do it for you. If not, self-represented persons often must request that the court issue a subpoena on their behalf; you will need to investigate local practice. You should also be able to request them directly from your spouse through discovery.

    If you're planning on representing yourself you had best familiarize yourself with your state's court rules and discovery practice.
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