DSDP Don wrote:
I read through this and the use of the word subpoena is wrong by several of you. A subpoena is issued by a court when a case is pending. You can't get a subpoena for something that hasn't gone to court yet.
If you want phone records from the telephone company, you need to write a search warrant for records. Once you take your evidence to court and file charges, then a subpoena can be issued for anything from papers/records to people for testimony.
Now if a case is active and the court wants more information, a subpoena can be issued for phone company records, but not until there is a case pending.
This is not correct. Of course, depending on the State, Federal Appeals Court District, and individual court district rules, administrative subpoenas are issued all the time for investigative purposes when no active court case is involved. This is very common in civil matters, especially at the Federal level for information gathering.
