Can Text Messages Be Used in Court? A Simple Guide

You've recently split up from your partner. And, if that's not bad enough, they bombard you with threatening text messages 24/7. 

You thought this deluge of hate would stop but it hasn't. For your emotional well-being, it must be stopped which is why you're taking legal action. 

But do you have enough proof? Can text messages be used in court? Here's everything you need to know.  

Text Messages As Court Evidence

Are text messages admissible in court? Absolutely.

In a legal context, everything that passes through your phone is "mobile evidence", "digital evidence" or e-Discovery (meaning "electronic").

This means text messages, chat app messages, email and other social media messages are a brilliant way to create a written record. If you need to show an agreement, screenshot it. Likewise, if you need to document an abusive message. 

For example, this article shows the impact your text messages can have in court.

But like other forms of written evidence, text messages must be authenticated. A defendant's name on a text won't cut it as it doesn't prove that they've written it.

Confirming circumstances lets the fact-finder conclude that this evidence is what its proponent claims it to be.

What Should You Document?

How to get text messages thrown out of court? Be vague.

Text messages used in a criminal court must be well-documented. This means every communication they sent to you, and every response you send in return. 

For example, 10 text messages where your only response is "please stop contacting me" is different than 20 messages where you're losing your temper and counter-threatening the perpetrator.

It may feel embarrassing but you must document them so your lawyer can attempt a defense. 

Your Text Messages Must Be...

Before Googling "can you use text messages in court?" consider:

Relevant

In legal language, the evidence from the text messages must be "of consequence to the determination" of the case.

This means no one cares about what you and your ex are discussing your child's eating peanuts. Instead, the message may prove who had possession of your kid that day or if a parent is following the child's dietary restrictions or not.  

The text message must be dependent on the context (e.g. if your child has a nut allergy but your ex ignores this) and facts of the case. 

Have Authenticity

You must authenticate your text messages by offering a screenshot, photo, or print-out of the message that includes identifying information to linking the message to the texter.

You should also include electronic timestamps showing the date and time of each message, the sender's contact information, and phone number.  

As you scroll through your conservation, capturing relevant sections, save it to the Photos folders of your device. Be sure to organize your text messages in chronological order  

This is to prove the messages come from the person you say they're from and to ensure you haven't deleted or edited anything. In cases where the opponent is aggressive, you may have to produce a "raw data" report of your communications.

Raw data captures the source code (e.g. the computer's ISP address), proving where communications originated.

If you're wondering "do text messages hold up in court?" know, just because you have text messages doesn't mean they're automatically admissible as evidence. The conversations must be relevant to the case and, if not, you must take steps to preserve the authenticity or you won't be able to use them. 

Hearsay

Hearsay is a statement outside the court, made by someone who isn't a party to the case.

A text message between you and the opposing party might not be considered hearsay by the court and can be used as evidence. But text messages between you and someone who isn't the party will likely not be admissible. 

How To Get Text Messages From Your Phone

So the court can view your text messages you can follow these guidelines.

For Non-Smart Phones

Even though it's laborious, display the text messages on the phone one-by-one and take a photo. Be sure to capture the date and time of the message alongside the sender's information. 

Use Programs to Record Your Text Messages

A software like Decipher Text Message lets you transfer text messages from your phone to a computer. If includes timestamps and sender information with each text and stores the text messages so they're easy to read. 

iExplorer is another software that lets you get pictures, texts, and videos from your iPhone at a free. If you have Android, use SMS backup as it lets you download text messages to a computer. They also include timestamps and sender information. 

Recovering Deleted Messages

If your iPhone is backed up using iCloud or iTunes, try restoring the backup file to your phone. Note that restoring the backup file will erase any data, texts, and pictures, that have been created since the last backup. 

Or try a third-party program to search your phone for 'dormant' data and unearth the file. You can do this for Androids, using programs like Dr. Fone and Tenorshare. Android-Recover-Transfer is another possibility for Android phones. 

Can Text Messages Be Used In Court?

Now you know the answer to "can text messages be used in court?" which is, they can! 

But before you present text messages, ensure you've recorded the timestamp, sender information, and that all messages back up your argument otherwise they'll be useless. 

Screenshots work or you can use third-party software so you can download the text messages, print them out, and hand them to your lawyer. Good luck!

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