How to subpoena recordings of phone call?

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KarenAdams

Member
11 August 2021
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1
I have been wrongly charged with criminal offenses at my local court and the key piece of evidence I need to clear my name is recordings of all outgoing and incoming calls from/to my iPhone on one particular day in June 2021.

I am going to have to represent myself in this matter so I don't know how to do this.

I asked the local court and they directed me the Local Court NSW website where available forms are listed but I can't see any that would allow me to subpoena the particular material I require.

Could someone please advise me on how to do this?

Thanks,

Karen
 

Tim W

Lawyer
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28 April 2014
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Who made the recordings?
 

KarenAdams

Member
11 August 2021
2
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1
Well this is where I lack knowledge.

Some are 000 calls which are always recorded for perpetuity.

But the others I would assume (aka hope) that my telco (Optus) would have recordings of all outgoing and all incoming calls.

If these calls were actually not recorded by anyone then the next best thing is to get a list of all incoming and outgoing calls consisting of the phone number called or who called me, the time of the call and the duration of the call.

Even this would be very helpful.

Is getting this information possible? I notice on my latest Optus bill for that day it does not show any of the 000 calls and only lists 3 calls which are completely irrelevant.
 

Tim W

Lawyer
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28 April 2014
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000 calls are almost always recorded, yes.
But it's very, very, unusual for carriers themselves
to make voice recordings of calls made by a customer.

You'll need to subpoena the police, and the carrier(s).

Without disclosing too much, is there anything you can tell us (in general, and anonymously)
about the offence you've been charged with?
 

Rod

Lawyer
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27 May 2014
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Calls between customers are not recorded by Telcos.

Calls between customers can be recorded by law enforcement agencies but require warrants and are set up in advance.

Call logs are available in some instances, particularly outgoing calls used for billing purposes.