Text Messages as Evidence in Court

Wednesday, May 15, 2024

Text Messages as Evidence in Court

Written by Malman Law, reviewed by Steve J. Malman.

Thanks to today’s technology, text messaging is used as evidentiary material in court. However, you need to disclose the texts to the other party ASAP. Otherwise, the other side may foil your efforts.

If you plan carefully, you can use text messaging during discovery, when each side is preparing their case and gathering evidence. This will prevent any problems with verifying the authenticity of text communications. To experience a successful outcome, you’ll need to rely on the services of the best lawyer near you.  Someone who will keep you up to date on the gathering of evidence using current technologies.

Text messaging, just like social media posts, is used as evidence in court and can, in fact, significantly affect the results in both civil and criminal cases.

To preserve evidence, it is important to back up cell phones and keep older smartphones when switching to updated models. You want to include all the text in a case to ensure you accurately tell your story.

Therefore, it is paramount that you avoid modifying or deleting text messages from the history on your device. You don’t want to give the other side any ammunition to call anything into question. You should always export messages into a readable form so the reader immediately understands the importance of the information and the reason for the exchange.

How Can Text Messages Be Used as Evidence?

Everyday, 23 billion text messages are sent, so it makes sense that the court system has figured out how to use these communications as evidence. Text messages have become an integral part of our daily communication. From making plans with friends to sharing important information with colleagues, text messages are convenient and popular. But did you know that text messages can also be used as evidence in a court of law?

Text messages can provide valuable evidence in a variety of legal situations. For example, in a personal injury case, text messages can be used to establish negligence or liability. If someone was texting while driving and caused an accident, the text messages exchanged before and after the accident could serve as evidence to prove their negligence. Similarly, in a divorce or custody dispute, text messages can provide insight into a person’s behavior, credibility, or involvement in certain activities. In criminal cases, text messages can help establish motive, intent, or alibi.

However, not all text messages are admissible as evidence. The admissibility of text messages depends on several factors, such as authenticity, relevance, and the manner in which the messages were obtained. To clarify, even deleted text messages can still be located from the receiver’s phone or from the service provider of the sender’s phone. The older the texts are, the harder they can be to retrieve, even from the phone service provider. Again, this is where an experienced Chicago injury attorney can make a significant difference in your case.

A savvy attorney can help ensure that the text messages you want to use as evidence are properly authenticated and legally admissible. Did you know that your lawyer can ask for a court order if someone doesn’t cooperate in providing their phone to police investigators or attorneys in discovery? Your lawyer can guide you through the process of obtaining text message records from cell phone providers or other related sources, even if the phone owner is unwilling. Additionally, a skilled lawyer can analyze the content of the messages to determine their relevance and strategically incorporate them into your case.

When can text messages be used in court?

Electronically stored information (ESI), like text messages, must be properly preserved and legally obtained, just like any other admissible evidence. In recent years, a myriad of text messages have gained recognition as admissible evidence in many legal cases. One of the primary reasons why text messages are considered valuable evidence is that they can provide a clear and concise record of conversations. 

Unlike verbal discussions, which can be subjective and easily forgotten or misinterpreted, text messages offer a written documentation of an exchange. These messages can capture crucial details, including dates, times, and participants, which can be vital in building a case.

Additionally, text messages can provide valuable insights into a person’s state of mind or intentions. Sometimes, an emoji, a single word, or a short sentence can be used to demonstrate a person’s thought process, emotions, or motives, which can be crucial in court. The preservation of these messages during litigation offers a unique opportunity for attorneys to delve into the mind of the individual involved.

Again, admissibility of text messages varies depending on the jurisdiction and the specific circumstances of the case. Courts consider several factors when determining the reliability and relevance of text message evidence. These factors include the authenticity of the messages, the manner in which they were obtained, and the context in which they are being used. Courts also assess whether the messages have been tampered with or manipulated in any way.

To increase the chances of text messages being admitted as evidence, your best bet is consulting with an experienced Chicago personal injury lawyer who understands the requirements set by the court.

Make Sure Your Records are Complete

Besides text messages, electronic messages, in the form of PDF files, allow you to provide all the information needed to prove a claim or support your statements. A screenshot does not give you this type of latitude. Obtaining complete records is worth the additional effort.

Authenticating Text Messages

Like other types of evidence, your lawyer must authenticate text messages so they can admit them to the court. You cannot simply include a defendant’s name on a message. You still need further confirmation to show authorship.

To admit text messaging then, the rules of evidence typically hold that authentication is made by confirming circumstances. To authenticate a text message, you might present a copy – a photo or printout of messages or screenshot that shows identifying info – all of which connects the messenger to the texter. You may also secure an affidavit or testimony that shows that both originals and copies are true and precise representations of the texts.

If possible, you should include copies of texts that include the date and time – stamped on the messages and the contact details of the sender, such as a phone number.

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Copying a Text Message from an iPhone

If you copy a text message from an iPhone, you can download your text messages to a computer. Usually, the texts feature timestamps and the sender’s details, storing the messages in an easy-to-print outline. You can also obtain pictures, videos, or texts from an iPhone by paying a fee of around $40.00.

Taking Screenshots on an Android Device

You can take screenshots on Android devices as well. However, this process is also quite tedious if you have a lot of lengthy messages. You can only capture one screen at a time.

Retrieving Messages on a Non-Smartphone Device

If you’re extracting text messages on a non-smart cell phone device, display the image or text message singly, and take a photo of each. While this too is quite involved, you will obtain a hard copy of the texts you photograph. Always make sure you include the date and time for the message as well as the sender’s contact details.

Recovering Deleted Texts or Photos

If you have to gather texts that you’ve deleted from a phone, you can still recover them. On an iPhone, you can do this by restoring the phone’s backup file. However, remember, you’ll erase any texts or pictures that were created from the last backup. You might also use third-party software so you can search dormant or forgotten data for the purpose of recovery.

It’s important to retrieve the text messages, photos, or files you need using the right methods, as they can serve as essential pieces of evidence. After all, communication is a key component in finding out the truth about any details linked to a criminal offense or complaint.

Gather the Evidence You Need – Contact an Experienced Chicago Attorney

If you have a personal injury case that requires supporting evidence, you can prove your point with text messages, PDF files, or through pictures or videos. An experienced Chicago attorney from Malman Law can assist you in building a strong case. Contact us for a free consultation.