A subpoena should not be necessary if either parent—usually the victim/witness in a criminal case—is willing to obtain a copy of their Record on their own.
How Members Can Request A Record:
Either parent using TalkingParents can provide an up-to-date copy of their complete PDF Record via email by accessing the Records section of their account. All Records, including PDF records, include a Business Records Certification. Members can also order a Printed version of their Records. An address for shipping can be entered so the Record is delivered directly to where it is needed. Printed Records are sent via USPS Priority Mail and are usually shipped within two business days from purchase.
How A Lawyer Can Assist in Purchasing A Record?
Clients can visit their lawyer's office, sign in to their account online, and then have someone from the office enter the payment and shipping details. Payment information is not saved, so there is no risk of the member making any additional purchases with the card. The expense can be passed on to the client pursuant to the fee arrangement. Any shipping address can be entered for a printed record so it can be sent directly to an office or the court. The member receives an email with tracking information when it ships.
Keep in mind that messages within a record are almost never offered to prove the truth of the matter asserted and as such are not hearsay. Even when a message is offered to prove the truth of the matter asserted, it will generally be a non-hearsay party admission or statement of a party opponent. If a court does consider the record hearsay for some reason, then there should be a number of exceptions available including but not limited to a business record exception.
If you are unable to obtain a copy of the record at issue from one of the TalkingParents members via the process outlined above, and a subpoena is deemed necessary, then please complete our Subpoena Submission Form. Your request will be reviewed by our legal team.