Are Text Messages Acceptable As Evidence?

With the rise of texting and other electronic communication, courts are trying to apply traditional rules to new mediums. While our legal system is constantly evolving, certain things cannot be admitted as evidence.

Text messages are one of those things. If you have any doubts, consulting an attorney is recommended. They can determine if text messages are admissible in court and how.

Hearsay

Broadly defined, hearsay is testimony or documents quoting individuals who are not present in court. Without the witness present, credibility cannot be established and cross-examination of the witness can prove particularly challenging.

Hearsay rules exist to safeguard individuals against disclosing unreliable information in court proceedings. They aim to prevent gossip and reports from being admitted as evidence in criminal trials.

Hearsay is typically not admissible as evidence unless it meets certain exceptions. There are various exceptions, and it’s essential to understand them and how they may apply in your case.

Authentication

Authentication is the process of verifying whether an individual or entity accessing a computing system is actually who they say they are. It can be applied across any type of device–computers, networks, servers, mobile devices, internet of things (IoT) devices and other systems requiring access control over their data.

Authenticating users typically involves comparing their login credentials with those stored in a database of authorized user information. This can be done either by querying a local user directory or connecting through an authentication server.

Credentials are typically a username and password combination, which is known as password authentication. However, other types of credentials such as security questions or PIN codes can also be utilized. Furthermore, some authentication processes utilize tokens – physical objects that users possess and use to confirm their identity – either soft tokens like text messages or apps that generate random codes, or hard tokens which require the user to plug it into their computer or mobile device.

Context

Unwanted text messages sent from an unknown number might seem like evidence, but proving they were sent by the intended recipient can be difficult. Courts require proof of authentication such as proof that the sender’s phone number was actually hers or that the text came from her cell phone.

Text messages are generally accepted for their truth and relevance, but they may also be admissible in context. This can be accomplished by admitting text messages in response to outgoing ones or as part of a chain of communications.

Contrary to emails, however, each message in a chain or set of outgoing text messages does not constitute a record or transmission and requires its own foundation for admissibility. As such, courts outside New York state have occasionally held that incoming texts can only be accepted for their truth if the outgoing texts have already been admitted in context or as evidence for admissibility.

Limitations

Text messages can be admitted as evidence if they meet certain criteria. The most essential requirement is that it is pertinent to the case at hand and does not cause undue prejudice. Furthermore, authentication of the message must take place.

Text messages have a high evidentiary value and can be utilized as evidence in many cases, though they can be challenging to produce during civil litigation.