The person that requests text messages can also have their own text messages requested. In my experience, requesting text messages can often be a double-edged sword. The request shall specify a reasonable time, which shall not be less than 28 days except by agreement or by order of court, and the place and manner of making the inspection and performing the related acts.” A portion of Illinois Supreme Court Rule 214 states that “Any party may by written request direct any other party to produce for inspection, copying, reproduction photographing, testing or sampling specified documents, including electronically stored information as defined under Rule 201 (b)(4), objects or tangible things, or to permit access to real estate for the purpose of making surface or subsurface inspections or surveys or photographs, or tests or taking samples, or to disclose information calculated to lead to the discovery of the whereabouts of any of these items, whenever the nature, contents, or condition of such documents, objects, tangible things, or real estate is relevant to the subject matter of the action. One method of discovery might be a “Notice to Produce” pursuant to Illinois Supreme Court Rule 214 sent by an attorney requesting production of certain text messages. A finding of contempt can lead to various sanctions against the party who does not follow a court order.Īnother way might be to issue discovery, a legal request for certain documents in Illinois divorces and Illinois parentage actions that are typically issued during the course of litigation. The attorney can also ask the court to order your spouse to disclose text messages, and failure to cooperate may result in the finding of contempt against the spouse. The attorney can subsequently send a subpoena for the relevant messages for a certain time period.
This letter should refer to legal standards, including the Federal Stored Communications Act, 18 U.S.C. One way might be to send a letter to the cell phone carrier, through an attorney, explaining the need to preserve text messages for a divorce case. Obtaining a spouse’s text messages can ordinarily be done in two ways.
Text messages can be presented as screenshots or messages can often be produced by serving a subpoena upon the cell phone provider who may subsequently be compelled to release that information. Often, these messages are entered into evidence during a court proceeding to prove certain words were said by one party to another. Text messages are rapidly becoming a very common evidentiary product in domestic relations cases. However, sending a text message creates a permanent record of your words and can potentially be used for an adverse purpose. Text messaging is commonplace and often is preferred to talking directly on the phone. One of the newest technological advances of the 21st century is the ability to communicate quickly and effectively with one another via text.
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