Before sending a subpoena for a record, please have one of the TalkingParents users in the case obtain the record on their own and provide it to you. This will usually be your client or the victim/petitioner in a criminal or civil domestic violence case.
There is usually no need to subpoena TalkingParents for a Record. If a user is willing to obtain a copy of their Record, their lawyer can lay the foundation for the record just like copies of emails or social media messages by asking the user what it is and how they obtained it. Users can obtain a copy of their Complete Record anytime by signing into our website or mobile app, then navigating to the Records section.
All PDF and Printed Records include a business record certification. Printed Records can be ordered with a signed and notarized certification, and can be shipped directly to any address in the United States.
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 considers the Record hearsay, there should be a number of exceptions available, including but not limited to a business record exception. All Records include business record certification language (printed records are also signed and notarized) and we have never heard of a court refusing to accept one of our records as evidence.
If a subpoena is necessary for your circumstances, you must submit it through our Subpoena Submission Process.