how far back can you subpoena text messages

The length of time that text messages can be subpoenaed varies depending on the cellular provider and their retention policies. Here are some general guidelines on how long major cellular providers in the US retain text message records:

  1. AT&T: 5-7 years for text message content, but only 5-30 days for detailed billing records.
  2. Verizon: 3-5 years for text message content, but only 1-3 years for detailed billing records.
  3. T-Mobile: 2-5 years for text message content, but only 1-2 years for detailed billing records.
  4. Sprint: 2-3 years for text message content, but only 1-2 years for detailed billing records.
  5. US Cellular: 3-5 years for text message content, but only 1-2 years for detailed billing records.

It’s essential to note that these retention periods are subject to change, and not all providers may retain text message content. Some may only keep metadata, such as the date, time, and sender/recipient information.

If you need to subpoena text messages, it’s best to act quickly, as the longer you wait, the more likely it is that the messages will be deleted or become unavailable. You should also be prepared to provide specific details, such as:

  • The phone number(s) involved
  • The date range of the messages you’re seeking
  • A court order or subpoena

Keep in mind that even if you can subpoena text messages, there’s no guarantee that the provider will be able to retrieve them. Additionally, some providers may charge a fee for retrieving and producing text message records.

In summary, the availability of text messages for subpoena purposes depends on the cellular provider’s retention policies, which can range from a few months to several years. It’s crucial to act promptly and provide specific details to increase the chances of retrieving the desired text messages.

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