Can Text Messages Be Subpoenaed in a Minnesota Car Accident Claim?
In today's digital age, text messages can serve as crucial evidence in a legal case. But can text messages be subpoenaed in a Minnesota personal injury claim involving a car, truck, or motorcycle accident? Here’s what you need to know.
Text Messages Can Be Subpoenaed in Minnesota
Can text messages be subpoenaed as evidence in Minnesota? Yes!
Under Minnesota law, texts, emails, and social media posts can all be used as evidence in a personal injury claim. If a text message is believed to be relevant to a case, it can be requested through a subpoena.
Such evidence can be crucial to winning a case. For example, if a text message exchange proves that a driver was texting and driving distracted during a car accident, it could be used to establish negligence. Distracted driving causes one in every four car accidents in the U.S., according to the National Highway Traffic Safety Administration, and thousands of deaths each year.
The Process of Subpoenaing Text Messages
To subpoena text messages, an attorney must first demonstrate their relevance to the case. The process typically involves filing a request with the court, which must then approve the subpoena. If the subpoena is approved, it can compel an individual involved in the case – or their cell phone carrier – to produce the messages.
How Easy Is It to Subpoena a Text Message?
Retrieving text messages isn't always straightforward. U.S. law protects individuals from unreasonable searches and seizures, which extends to personal electronic data. Therefore, the subpoena must be specific about the requested information and why it is relevant to the case. Courts will generally try to balance the need for information with a citizen’s right to privacy.
Even if the court grants a subpoena, retrieving the messages may be difficult or impossible. A user may have deleted the messages, and the carrier may only store texts for a limited time. These hurdles make it essential to seek the subpoena immediately after an injury.
Need Help With Your Claim? Speak to a Minnesota Attorney!
As we’ve seen, text messages can be subpoenaed in a Minnesota personal injury claim if your attorney believes distracted driving caused the crash. However, the process is governed by strict legal standards designed to protect privacy while ensuring justice.
If you believe a message may be relevant to your case, don’t wait! Consult an Attorney: Navigating the legalities of subpoenaing text messages can be complex. An experienced personal injury attorney can provide guidance for obtaining these messages. And the sooner an attorney can review the evidence – and request a subpoena – the better.
How about some help?
SiebenCarey is the ONLY law firm in Minnesota with a 70-year legacy of championing the rights of injury victims. When you work with us, you’ll receive the full benefit of:
- 70 years of experience and expertise
- A consistent history of successful case outcomes, many involving distracted driving
- Proven skills in both settlement negotiations and jury trials
- Access to a broad range of legal resources
- A committed team of experienced attorneys, legal assistants, and on-staff investigators
- Our commitment to the “Know Your Rights” promise ensures every client receives personalized care and support
Best of all, our services are provided on a contingency fee basis. That means you won’t owe us a thing unless we win your case!
Our attorneys are ready to answer your questions and defend your rights. Reach out for a free consultation!