Can You Subpoena Text Messages From a Phone Carrier?

Last updated October 13, 2026. Written for people who need text messages for a court case. This is general information, not legal advice. If you have a lawyer, ask them about your case.

Usually not the messages themselves. In a civil case such as a divorce, custody dispute or lawsuit, a federal law called the Stored Communications Act generally stops a phone carrier from handing over what a text said, even with a subpoena. A subpoena can often get the carrier's records of when texts were sent and to which numbers. The words of the messages are on the phones, so that is where to get them.

Can you subpoena text messages from a phone carrier?

You can subpoena a carrier, but in a civil case it will generally not produce the content of text messages. What it may produce are records: dates, times and the phone numbers on each side. The reason is federal law, not carrier policy. 18 U.S.C. § 2702(a)(1) says:

"a person or entity providing an electronic communication service to the public shall not knowingly divulge to any person or entity the contents of a communication while in electronic storage by that service" — 18 U.S.C. § 2702

A mobile carrier is a provider of an "electronic communication service to the public," so this rule covers the texts that pass through it. The law lists exceptions to that rule, and a subpoena from a private party in a civil case is not one of them.

Why won't the carrier hand over what the texts said?

Because the Stored Communications Act has no exception for civil subpoenas, and courts enforce it that way. In O'Grady v. Superior Court, 139 Cal. App. 4th 1423 (2006), a California appeals court refused to enforce civil subpoenas asking an email provider for the contents of stored messages. The court said the Act "clearly prohibits any disclosure of stored email other than as authorized by enumerated exceptions," and that "the discovery must be directed to the owner of the data, not the bailee to whom it was entrusted." (O'Grady v. Superior Court)

Carriers say the same thing about their own practice. Verizon's transparency report states: "We do not produce stored content in response to a general order or subpoena." The report explains that Verizon releases stored content to law enforcement only with a probable cause warrant, which is not available to someone in a private case. (Verizon US Transparency Report, second half of 2024)

What can a subpoena get from a phone carrier?

Usually the account's records, not the messages. The same statute lets a carrier disclose "a record or other information pertaining to a subscriber to or customer of such service," which does not include the contents of communications, and lists, among the permitted recipients, "any person other than a governmental entity." (18 U.S.C. § 2702(c)) In practice that can mean logs showing the date and time of each text and the numbers that sent and received it.

Those records can still help. They can show that two numbers exchanged texts on a certain night, or that a message existed even if it was later deleted. But they will not show what anyone wrote, and carriers do not keep records forever. Verizon reported receiving 8,975 subpoenas in civil cases in the second half of 2024 and producing no data for 49% of civil discovery requests, most often because the records were no longer kept. (Verizon transparency report) A subpoena is usually issued through a lawyer or the court clerk, so ask yours about timing and cost before you count on it.

Is there any way to get message content from a carrier?

Rarely, and usually only with consent. The law lets a carrier share content "with the lawful consent of the originator or an addressee or intended recipient of such communication." (18 U.S.C. § 2702(b)(3)) Some courts have used that route. In Flagg v. City of Detroit, 252 F.R.D. 346 (E.D. Mich. 2008), a federal court held that the City had control over text messages stored by its text-messaging provider, SkyTel, because it could consent to their release, and told the plaintiff to request them from the City instead of subpoenaing the provider. (summary at ediscoverylaw.com)

Even when consent is possible, it only helps if the carrier still has the content. For most people in a family or civil case, this is a long, uncertain path compared with getting the messages from a phone.

What about iMessage, WhatsApp and other apps?

Your carrier almost certainly does not have them. iMessage, WhatsApp, Signal and similar apps send messages over the internet, not as ordinary carrier text messages, so they do not show up in a carrier's text records at all. Those messages live on the phones that sent and received them, and in any backups. Our guide to WhatsApp messages as evidence covers that app in detail.

Where are the text messages, then?

On the phones. Your own phone holds every message you sent and received that you haven't deleted, with the date, time and number for each one. The other person's phone holds their side. That is why courts point people to the owner of the data rather than the carrier.

There are two practical sources:

1. Your phone. You can collect your own messages yourself, today, without asking anyone.
2. The other person's phone. If you need messages only they have, your lawyer can ask for them through discovery. In federal court, Rule 34 lets a party request "any designated documents or electronically stored information" from the other side. (Fed. R. Civ. P. 34) State courts have similar rules.

How do I get text messages from my own phone for court?

Export the conversation from the phone, keep the phone, and don't delete anything. A few steps protect you:

1. Don't delete the conversation or reset the phone. If the messages are challenged, the original on your phone is what everyone checks against.
2. Turn off auto-delete. On an iPhone, check Settings > Messages > Keep Messages and set it to Forever.
3. Get the full thread, with phone numbers and dates. A complete export is stronger than a few screenshots, because it shows the number, the time of each message and what came before and after.
4. Keep your carrier records as backup. Your online account or bill may list text dates and numbers. They won't show content, but they can back up your export.

Our guide to how to print text messages for court walks through the options for iPhone and Android, and are text messages admissible in court? explains what a judge needs to accept them.

Where Hearsay fits

Hearsay lets you collect the text messages on your own phone yourself, so you don't have to wait on a subpoena that won't return the words anyway. You plug your phone into a Mac or Windows computer, run the Hearsay app for about an hour, and get a court-ready PDF of your messages, each with the date, time, sender and phone number, plus a metadata report and a certificate of authenticity. You can pick contacts and date ranges, and send your attorney a secure link.

It costs $100 flat, with no subscription, and if your attorney says the export isn't usable you get the full $100 back. No computer? You can rent a collection kit. Get a court-ready copy of your texts.

Frequently asked questions

Can you subpoena text messages from Verizon, AT&T or T-Mobile?

You can subpoena the carrier, but in a civil case it generally won't produce what the texts said. Federal law, 18 U.S.C. § 2702, bars carriers from disclosing message content except in listed situations, and a civil subpoena isn't one. A subpoena may get records of dates, times and phone numbers.

Do phone carriers keep the content of text messages?

Not in a form you can get in a civil case. Even where a carrier stores content for a time, federal law stops it from handing that content to a private party with a subpoena. Verizon says it does not produce stored content in response to a subpoena and releases it to law enforcement only with a warrant.

What will a subpoena to my phone carrier show?

Usually records, not messages: the date and time of each text and the phone numbers that sent and received it. That can prove texts were exchanged, but not what they said. Carriers also delete old records, so older requests often come back empty.

Can I get deleted text messages from my carrier?

Generally not the content. Deleted texts are more likely to be recovered from the phone itself or from a backup, which is why you should keep the phone and not reset it. Carrier records may still show that a text was sent at a certain time.

Can police get text messages from a carrier?

Law enforcement can use legal process that private parties can't, such as a search warrant. Verizon, for example, says it releases stored content to law enforcement only with a probable cause warrant. That route is not open to someone in a divorce or a civil lawsuit.

How do I get the other person's text messages for my case?

Through discovery, usually with a lawyer's help. You can ask the other side to produce the messages from their own phone, and a court can order them to. If you received the messages, the simplest source is your own phone, since it holds both sides of your conversations with them.