When And How to Obtain Cellphone Records in Michigan
Often during the course of civil litigation, it is important to obtain information which is commonly recorded by cellphone providers. Cellphone records are particularly helpful to determine whether an individual was driving distracted at the time of a motor vehicle accident. However, there are many impediments to obtaining cellphone records. First and foremost, there is the Federal Stored Communications Act. This Act generally prohibits service providers from disclosing non-public subscriber records in response to civil subpoenas unless lawful consent has been obtained or a statutory exception exists. In Michigan, the Courts recognize these constraints and frequently do not compel cellphone companies from producing cellphone records by way of a mere subpoena.
The best and most expedient practice for obtaining cellphone records during civil litigation in Michigan is to obtain the consent from the cellphone subscriber. If the cellphone subscriber does not consent, the requesting litigant may file a motion to compel the cellphone subscriber to execute the carrier specific consent form needed to obtain cellphone data. Such a request would be premised upon MCR 2.302 which states, in part, that a litigant may obtain discovery regarding any non-privileged matter that is relevant to any party’s claims or defenses and proportional to the needs of the case.
Another best practice is to issue a spoilation of evidence warning to the cellphone owner asking that all electronic data be preserved. The litigant can go one step further by obtaining an order of preservation compelling a party to take reasonable steps to preserve electronically stored information. A preservation order can be obtained once litigation is initiated or, preemptively, based upon a reasonably foreseeable need for the cellphone data.
Once cellphone records are obtained, a litigant should retain a technical expert to translate the data into useable evidence that is accurate and understandable. Several companies provide such expert services. A litigant must consider how cellphone data can qualify to be admitted into evidence at the time of trial. Evidentiary rules apply. A litigant presenting cellphone records must provide authentication sufficient to satisfy the Court that the evidence is accurate, reliable, and authentic. Laying a foundation for the admission of cellphone records can be established by obtaining an affidavit from the cellphone company producing the data that the data was maintained in the ordinary course of business. This would permit the cellphone data to be admitted under the business records exception to hearsay. A technical expert interpreting the data must also be prepared to testify on the chain of custody and methodology used to access and analyze the data. Considering and mapping out all evidentiary issues relating to cellphone data maximizes the potential that the cellphone records will be admissible at the time of trial.
Cellphone records and digital data can provide strong evidence in contested civil litigation. Figuring out how to obtain the data, how to analyze the data, and how to have the data admitted into evidence takes careful thought, preparation, and execution.
Attribution: The information for this blog was obtained, in part, from the Article “Unlocking the Power of Cellphone Records in Michigan Civil Litigation” by Kevin R. Corian published in the Michigan Bar Journal, February 2026.
About Alexander & Angelas, P.C.
Attorney Peter A. Angelas represents litigants in complex, high severity civil liability litigation across Michigan. His practice areas include automobile and trucking negligence claims, insurance litigation, premises liability, motor carrier liability, commercial litigation, construction defect litigation, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogationclaims, workers’ compensation, employment law, and marine liability.
Mr. Angelas practices in all state and federal courts in Michigan, including WayneCounty (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac),Washtenaw County (Ann Arbor), and Genesee County (Flint).
A 24/7 Emergency Hotline is available (800-219-0007). When an accident requires an immediate response to protect evidence, members of the firm quickly launch aninvestigation with the assistance of well-qualified accident investigators, crash re-constructionists, mechanical engineers, civil evidence photographers, and independent adjusters positioned throughout Michigan.
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