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What form do I need to subpoena taped phone conversations from a mortgage servicer?

What form do I need to subpoena taped phone conversations from a mortgage servicer?

Q: Can phone conversations be subpoenaed?

Yes, phone conversations can be subpoenaed if they are relevant to a legal case. This typically involves issuing a subpoena duces tecum to the party holding the recordings, such as a phone service provider or mortgage servicer. The subpoena must comply with legal standards and be properly served.

Q: How much does it cost to subpoena phone records?

The cost to subpoena phone records can vary depending on the jurisdiction and the specific fees charged by the court or the entity holding the records. Generally, you may need to pay a filing fee for the subpoena and possibly additional fees for service. It's advisable to check with the court or legal counsel for precise costs.

Full question:

What for do I need to subpoena taped phone conversations from a mortgage servicer?

Category: Discovery
Date: 04/07/2025
State: California

Answer:

Typically, the right of a third party to inspect business records falls under the rules of discovery when a lawsuit is filed. Business records can be requested through a request for production or requested to be brought with someone like a witness or person being deposed with a subpoena duces tecum. If the mortgage servicer isn't named as a party in a lawsuit, it may be necessary to obtain the records through a subpoena duces tecum. A subpoena may only be issued by a court officer, such as a judge, attorney, or court clerk.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to write a subpoena for phone records?

To write a subpoena for phone records, you need to include specific details such as the name of the court, the case number, and the names of the parties involved. Clearly state what records you are requesting and specify the time frame for the records. It must be signed by a court officer, like a judge or attorney. Ensure you comply with local rules regarding the format and service of the subpoena.

Can phone conversations be subpoenaed?

How much does it cost to subpoena phone records?

How difficult is it to subpoena phone records?

Subpoenaing phone records can be straightforward if you follow the proper legal procedures. However, it may involve complexities such as ensuring relevance to the case and complying with privacy laws. If the records are held by a third party, you must also serve the subpoena correctly. Legal assistance can help navigate these challenges.