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You must file a Motion For Discovery in the state court of jurisdiction if you are granted the order then it is served on the named party and that party has a specific amount of time to present the evidence to the court and the petitioner and/or his or her legal counsel.

Such a petition can only be used in connection with other valid litigation such as a civil suit and the petitioner must show undisputable evidence of "just cause" when filing the motion with the court. You cannot obtain such an order to use as a "fishing expedition" to coerce, intimidate, etc. another individual. The petitioner should be aware that it is nearly impossible to obtain such information other than their own. Cell phone providers are protected by federal communication and privacy laws and are very proficient at avoiding the disclosure of such information.

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Q: How do you subpoena a cellphone provider to obtain text messages?
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