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  1. #1
    Join Date
    Dec 2010
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    Default 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

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: How Do You Subpeona Text Messages for a Divorce Case

    Quote Quoting nebco1
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    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.

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default 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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