Mark Scroggins
Hey folks, Mark Scroggins with Scroggins Law Group, you know, we get a lot of questions aside from the reclamation transformation podcast. And so these are a number of questions that I’m going to go ahead and answer that I think are timely and need to be answered now. Now, that being said, one thing that’s really important to know is that the answers to these questions does not create an attorney client relationship between me individually or Scroggins law group collectively, and anybody that is listening to this, this is not specific legal advice. These are just things that you need to go and talk to a lawyer about, if you’re facing these questions. So having said that, can you subpoena phone records of the opposing party in a divorce? And can they be used as evidence? Absolutely, you can subpoena those documents now, can they be used as evidence? Yes, if you know what you’re doing. So generally, when you are going to request those documents, you’re also going to seek what’s called a business records affidavit from the Custodian of Records of let’s say, AT& t, or Verizon or T Mobile, or I would say, Sprint, but I guess that’s no longer. But anyway, whoever is the holder of those records, so they can prove those up as true and correct copies of the documents that you see, then the question is, you know, can you use them as evidence? So if you can lay the proper predicate, and if you can get them admitted, based on that, that doesn’t do away with all the other objections that you have? And so can they still be held out based on other other variables? Yes, absolutely. They can. So what does this tell you, it tells you to make sure that you’ve got an attorney who knows what they’re doing, and knows the rules of evidence, okay, and also knows the rules of civil procedure, because just because you have a business records affidavit, and you get those on file with the court, that in and of itself doesn’t mean that you have done everything necessary to make sure that they’re going to come in there are timetables which are important to adhere to. So don’t get these on the day before you go to trial, or else that’s going to be a problem.
