How Much Does It Cost To Subpoena Phone Records
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How Much Does It Cost To Subpoena Phone Records
Receiving a subpoena for phone records, can be stressful and confusing. But, take a deep breath. This article will guide you through the process, and explain the potential costs involved.
Understanding Subpoenas for Phone Records
A subpoena is a legal order, requiring you to provide certain documents or testimony. There are two main types of subpoenas related to phone records:
- Subpoena Duces Tecum: This requires you to produce and provide copies of phone records.
- Subpoena Ad Testificandum: This requires you to testify about phone records in a deposition or court proceeding.
Either type of subpoena, can come from a court, law enforcement agency, or another party involved in a legal case.
Factors Affecting the Cost
The cost of complying with a subpoena for phone records, can vary significantly depending on several factors:
Type of Records Requested
The more extensive the records requested, the higher the cost. For example, requesting detailed call logs and text message transcripts, will likely cost more than basic subscriber information.
Time Period Covered
Providing records covering a longer period, will generally be more expensive than a shorter timeframe.
Format Required
If records need to be provided in a specific format (e.g. printed, electronic), there may be additional processing fees.
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Third-Party Involvement
If the phone company or a third-party vendor must retrieve and produce the records, they will charge fees to cover their costs.
Legal Representation
Hiring an attorney to handle the subpoena response, will add legal fees to the overall cost.
Potential Costs
Based on these factors, the costs of complying with a phone records subpoena could range from:
- $25 – $200 for a basic subscriber information request covering a short period.
- $500 – $3,000+ for detailed call logs, text transcripts, and other records over an extended period, especially if third-parties are involved.
Legal fees for attorney representation, could add thousands more to the total cost.
Your Rights and Options
If you receive a subpoena for phone records, it’s crucial to understand your rights and options:
- You may be able to object to the subpoena’s scope or requirements on certain grounds.
- An attorney can advise if the subpoena is valid and appropriately served.
- You may be able to negotiate producing only essential records to minimize costs.
- In some cases, the party requesting records may cover your reasonable costs.
Ultimately, the costs of a phone records subpoena, can vary tremendously based on the specific circumstances. Consulting an experienced attorney, is advisable to protect your rights and manage expenses.