Can I get a subpoena for my wife’s emails if looking for evidence of marital misconduct?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Pennsylvania divorce laws where I am licensed to practice.
The main avenue to pursue obtaining information and documentation from the other party in an action is through a process called Discovery.
Discovery can include written questions, known as Interrogatories, or request for documents, known as Request for Production of Documents. Discovery may also include face-to-face questions before a court reporter, known as a deposition.
Interrogatories and Request for Production of Documents must be responded to properly and the responses filed on or before 30 days from the date of receipt of the Interrogatories or Request for Production of Documents from the opposing party.
Request for Admissions is a list of specific facts you are requested to deny or admit. If you fail to deny a fact within 30 days, it is deemed admitted. If you deny a fact and the other side later proves the fact, then you must pay their expenses in proving that fact.
You can also serve a hybrid request that is mostly Interrogatories but also requests documents. This opens up the possibility that only one form of discovery is necessary in your case, however, it is still sometimes necessary to send out additional requests to obtain missing information.
You also have the option of serving a subpoena on a third party, such as an email provider, but there can be many complexities with this course of action. For example, generally corporations do not have to respond to an out-of-state subpoena.
Also, the opposing party has to be given 20 days notice of an intent to serve a subpoena, and they have that time period in which to object to the service of the subpoena, at least in my state. If a party objects to service, you then have to have a hearing on whether service is proper.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.