How to Subpoena Phone Records, Emails, and Social Media

8 min • Evidence & Discovery

A subpoena is a legal order commanding a person or entity to produce documents, appear for testimony, or both. In civil litigation, subpoenas are the primary tool for obtaining evidence from third parties — including phone companies, email providers, and social media platforms. The authority to issue subpoenas comes from Federal Rule of Civil Procedure 45 (federal cases) and equivalent state rules. A subpoena is not a polite request; it's a court order backed by the contempt power. Failure to comply can result in sanctions, fines, or even arrest. Understanding how to properly draft, serve, and enforce subpoenas is essential for effective discovery.

Subpoenas for phone records (call detail records, text message logs, cell tower location data) are typically directed to the phone carrier's legal compliance department. However, under the federal Stored Communications Act (SCA), 18 U.S.C. §§ 2701-2712, electronic communication services and remote computing services are restricted in what they can disclose via civil subpoena. Basic subscriber information (name, address, payment method, IP logs, session times) can be obtained with a subpoena. Call detail records (numbers dialed, call duration, timestamps) may also be obtainable. But the content of communications — the actual text of emails, the contents of stored messages, voicemail recordings — generally requires a search warrant in criminal cases, or may be unobtainable in civil cases unless the account holder consents. The SCA is a complex statute, and major providers (AT&T, Verizon, Google, Meta, Apple) have dedicated legal compliance portals that specify what they will and won't produce in response to different legal process.

Email and social media subpoenas face the same SCA constraints. For email: basic subscriber info is obtainable; email content stored for more than 180 days may be obtainable with prior notice to the subscriber; more recent content requires a warrant (criminal) or may require the subscriber's consent (civil). For social media (Facebook/Meta, Instagram, X/Twitter, LinkedIn, TikTok): public-facing content (posts, profile info) can be screenshotted without a subpoena. Non-public content (private messages, deleted posts, account activity logs) is heavily protected. Meta (Facebook/Instagram) has a dedicated law enforcement and civil request portal. They will notify the user before producing anything in response to a civil subpoena, giving the user time to move to quash. Many providers simply refuse to produce content in response to civil subpoenas — they'll produce basic subscriber information and then tell you to get the content from the user directly through party discovery. This is why subpoenas to third-party platforms are often less effective than direct party discovery: asking the opposing party for their own social media records through requests for production.

Practical steps for issuing a subpoena: (1) Draft the subpoena using the court's standard form (AO 88 for federal court) or the state court equivalent. The subpoena must specify: the documents requested with reasonable particularity, the date by which compliance is required (allow at least 30 days), and the place for production. (2) Attach a document schedule that lists exactly what you want: 'All call detail records for phone number XXX-XXX-XXXX from January 1, 2024 to March 1, 2024, including incoming and outgoing numbers, call duration, and timestamps.' Vague requests ('all records related to John Smith') will be objected to and likely quashed. (3) Serve the subpoena according to the rules — typically personal service (hand delivery to the entity's registered agent for service of process). Major tech companies accept service via their registered agent (CT Corporation, Corporation Service Company, etc.) or through their online legal compliance portals. (4) Include the required witness fee (a nominal amount, usually $40-65 per day, plus mileage). (5) Provide notice to all parties in the case — under FRCP 45(a)(4), you must serve a copy of the subpoena on every party before service.

Enforcement and challenges: If the third party doesn't comply, you file a motion to compel or motion for contempt with the issuing court. The court can order compliance and award sanctions including attorney's fees. If the opposing party moves to quash the subpoena, they must show: the subpoena subjects them to undue burden, requires disclosure of privileged or protected material, seeks irrelevant information, or was not properly served. Courts balance the requesting party's need for the evidence against the burden on the recipient. Overbroad subpoenas (asking for 10 years of records when only 6 months are relevant) will be quashed or modified. Cost-shifting: courts may require the requesting party to pay the reasonable costs of compliance, especially for non-parties. For electronic evidence from large platforms, expect to receive heavily redacted spreadsheets, not nicely formatted records. And remember: social media content and email content are often best obtained directly from the opposing party through standard discovery (requests for production, interrogatories, depositions) rather than third-party subpoenas that trigger the SCA's protections.

Key Takeaways

• Subpoenas are court orders backed by contempt power; use the court's standard form and be specific about what you want
• The Stored Communications Act restricts what providers can give in civil cases — content of communications is heavily protected
• Phone carriers: subscriber info and call detail records obtainable. Email/social media: basic info yes, content usually no without consent
• Serve via registered agent or provider legal compliance portal; provide notice to all parties; include the required witness fee
• Most electronic evidence is better obtained from the opposing party directly through standard discovery than via third-party subpoenas

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