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 ______