Sample Miami Personal Injury Attorney Cell Phone Subpoena
Our firm is often asked by other personal-injury lawyers for co-counseling assistance on complex cases (catastrophic automobile injuries, big-rig cases, RSD/CPRS, traumatic brain injury cases, and the like). We are always happy to help other law firms whenever we can. I have previously posted on the increasing use of cell-phone records to help prove negligence. This is, of course, a double-edged sword – as it can be used for comparative-negligence purposes as well.
Using the power of the subpoena to obtain cell-phone records has numerous privacy concerns. Judges will very carefully scrutinize and limit the scope (if not outright deny) requests for these records if not reasonably calculated to lead to admissible evidence. Oftentimes an in-camera inspection will be conducted to prevent the dissemination of private information.
I have received numerous phone calls from attorneys looking for a sample cell-phone subpoena; so I am posting one below. NOTE TO MY NON-LAWYER READERS: this is for an attorney’s use only.
IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO: ______
Plaintiff vs. Defendant ______
SUBPOENA DUCES TECUM WITHOUT DEPOSITION (MAIL-IN)
THE STATE OF FLORIDA:
TO: Verizon Wireless Telecom, Inc.
c/o C T Corporation System
1200 South Pine Island Road
Plantation, FL 33324
YOU ARE COMMANDED to furnish the law firm of MIAMI PERSONAL INJURY LAW FIRM INFO, on or before DATE, the following:
All subscriber information, call detail(s), caller identification(s), call detail records, with cellular site and GPS information, the dates of _______ through ______, in addition to the information requested in the attached schedule A regarding any cellular device registered to the following Verizon Wireless customer:
You are subpoenaed to appear by the attorney whose name appears on this subpoena and unless excused from this subpoena by him or the Court, you shall respond to this subpoena as directed.
These items will be inspected and may be copied at that time. You will not be required to surrender the original item. You may comply with this subpoena by providing legible copies of the items to be produced to the attorney whose name appears on this subpoena on or before the schedule date of production. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena.
This subpoena has been issued pursuant to Rules 1.410; 1.351, Fla. R. Civ P and pursuant to a judicial order, dated *********
IF YOU FAIL TO APPEAR, YOU MAY BE IN CONTEMPT OF COURT.
DATED this ______ day of______, 2013.
FOR THE COURT
Miami Personal Injury Law Firm Info
JASON NEUFELD, ESQ.
MIAMI PERSONAL INJURY LAWYER