How to subpoena recordings of phone call?

[KarenAdams]

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]

Who made the recordings?

 

[KarenAdams]

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]

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]

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.

 

[LostEcho]

To obtain phone call recordings for your defense, it's advisable to seek legal advice and representation. While the Local Court NSW website may not have specific forms, you can contact the court clerk for guidance.

 

[zaffin]

KarenAdams I got that from this new legal ai tool I've been using. It's a big slow as they build it but pretty awesome and free https://legalmind.com.au . It's pretty epic, it produced

"Hi Karen,

In working through your situation, it may be beneficial to reflect upon the NSW Uniform Civil Procedure Rules 2005 (NSW) ('UCPR'), specifically Rule 33.2, which pertains to subpoenas. A subpoena is a legal document that commands a person or entity to do certain things, such as produce documents or give evidence at a hearing.

According to Rule 33.2 of the UCPR, there are three types of subpoenas, including a subpoena for production (Form CP42). This is the form you are needing as it requires a person or entity (in this case, your phone service provider) to produce specific documents or evidence to the court.

When filling out Form CP42:

1. Include your name and the defendant's name in the appropriate fields.
2. State the name and address of your phone service provider in the section 'name of addressee'.
3. Mention what specific documents you are requesting (in this instance, phone call records for a specific date in June 2021) under 'schedule'.
4. Once the form has been filled out, you need someone to serve this subpoena to the phone service provider; a process server could do this job.

Once the subpoena has been served, ask the server to complete an 'Affidavit of Service', which is a legal document confirming the subpoena has been delivered and received.

However, it is key to recognize the Telecommunications (Interception) Act 1979 (Cth), which outlines rules for the recording and disclosure of telecommunications data. Unfortunately, this Act suggests that telecommunication companies do not typically retain the content of the phone calls unless the communication has been lawfully intercepted. So, while your service provider may have records of the numbers called or received and the time of these calls, they generally will not have the actual content or what was said during these calls.

It's also important to keep in mind that the process of obtaining these records may involve complicated legal procedures, which is why it's generally advised to seek assistance from a professional legal advisor. However, if this isn't possible, you could reach out to the NSW Law Society - they could guide you towards available sources of free or cost-effective legal help. I hope this information will help you navigate the situation and powerfully advocate for yourself in court.

It is crucial to remember that while this is well-informed advice, it isn't legally binding advice, and if possible, you should consult with a professional legal advisor too.

Good luck with your case."

 

[LostEcho]

To obtain phone call recordings for your defense, it's advisable to seek legal advice and representation. While the Local Court NSW website may not have specific forms, you can contact the court clerk for guidance.

Additionally, reach out to your phone service provider for assistance in retrieving the records. Gathering supporting evidence and drafting a formal request to the court are crucial steps. If needed, consider seeking legal aid or representation for expert assistance. For more insights, you can explore multitechverse.com. Best of luck with your case.

 

[Rod]

@zaffin - please stop spruiking a 3rd party service.

Your service has fundamental issues when it brings up civil procedure references for a criminal matter.

 

[Tim W]

@zaffin - please stop spruiking a 3rd party service.

Your service has fundamental issues when it brings up civil procedure references for a criminal matter.

I've already (also?) reported him/ it to the admins.