Often, a picture or a text is worth a thousand words. That maxim holds true in court and can be used as evidence. However, there are certain conditions that need to be met first.
Conditions for Using Text Messages in Court
The conditions for using text messages in court adhere to New Jersey’s rules of evidence, as follows:
Relevance: The text message must be directly related to the issue before the court.
Authenticity: Text messages must be authentic, meaning you must show that the party sent and received the messages.
Legal Acquisition: The text messages must have been legally obtained. So, you need to make sure there are no violations of any privacy laws or other laws.
Hearsay: Text messages may not be admissible as evidence if it is a prohibited statement made outside of court as proof of their integrity. That out-of-court statement is called “hearsay,” which has various exceptions. The complexity of determining whether the hearsay rule applies requires the advice of a lawyer at Rigden, Lieberman & Mignogna, P.A..
Privacy and Consent: Privacy and consent may also affect whether the court permits the messages to be used as evidence, particularly in family law cases. If the risk of unjust prejudice to the party outweighs its value, a judge can keep it out of court.
Best evidence rule: Where possible, actual evidence should be provided. So, it’s better to offer real digital text messages rather than a photograph of the screen.
There Are Other Digital Documents That Can Be Used:
A wide range of digital documents can be used as evidence, as follows:
- Emails
- Text and instant messages
- Social media posts and direct messages
- Digital photos and videos
- Online transaction records
- Digital contracts and agreements
- Computer and smartphone logs
- Files stored on cloud services
- GPS and other location data
Remember that admissibility requirements for digital evidence include relevancy, authenticity, and legal acquisition.
Rigden, Lieberman & Mignogna, P.A. is here to help. Our lawyers understand the complex dynamics of digital evidence in today’s legal landscape.
