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  1. #1
    Join Date
    Sep 2009
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    6

    Default Accused of Stalking in North Carolina - Want to Subpoena Call Records to Disprove

    My spouse filed a Domestic Violence complaint against me in NC, and got a restraining order issued. Stated in the complaint that I made continuous calls and sent threatening e-mails. All this is false. I have my own records from my cell phone bill and all the e-mails we exchanged, and can show it's all lies. But I would like to go one step forward, just in case my spouse claims I was calling from another phone or another e-mail, and get subpoenas sent to disprove that. Can I subpoena phone records? This is a company owned work phone, should I direct a subpoena to the company? They may object to release those records as they might contain client information. Can I subpoena for only the calls supposedly made by me? Who should I direct the subpoena to, my spouse or the company? This is a 50-B, still a civil case.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Accused of Stalking in North Carolina - Want to Subpoena Call Records to Disprove

    If you're talking about records of incoming calls, are you sure that any such records would exist?

  3. #3
    Join Date
    Sep 2009
    Posts
    6

    Default Re: Accused of Stalking in North Carolina - Want to Subpoena Call Records to Disprove

    Quote Quoting aaron
    View Post
    If you're talking about records of incoming calls, are you sure that any such records would exist?
    Yes, I know that the company providing the mobile phone service keeps record of incoming and outgoing call numbers (in fact the call list is on the phone bill).

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Accused of Stalking in North Carolina - Want to Subpoena Call Records to Disprove

    Then read the rules of procedure relevant to the pending proceeding to determine what you need to do to get a subpoena issued and, if possible, go for it. Odds are you would want to subpoena the records from the carrier. I personally would suggest working with a lawyer.

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