Can Text Messages Be Used as Evidence in Court?

There’s a saying in the legal world: “Text and email like it’ll be read aloud in court one day.” It may sound dramatic, but there’s a reason attorneys say it.

Text messages, emails, and other written communications can potentially become evidence in a legal case. At Banks, Stubbs, & McFarland, our attorneys have seen situations take a very different direction because of something someone chose to put in writing. Often, it wasn’t a message they thought was particularly important when they sent it.

Can Text Messages Be Used in Court?

Yes, text messages may be used as evidence in court when they are relevant to the case and meet the applicable evidentiary requirements. The same can be true for emails, social media messages, photographs, and other forms of electronic communication.

A message might help establish what someone knew, what they intended, what was said between two people, or whether someone’s later account is consistent with what they wrote at the time.

Of course, not every text message or screenshot automatically becomes admissible evidence. Issues such as relevance, authenticity, context, and other rules of evidence can determine whether and how a communication is used.

Your Words Can Look Different Without Context

One of the biggest problems with written communication is that tone and context are easily lost.

A text sent in anger or frustration may feel very different when it’s pulled up months later in a courtroom. A sarcastic comment may not read as sarcasm. A quick response sent without much thought can suddenly become something attorneys spend significant time discussing.

This can matter in many different types of cases. Text messages may become relevant in a divorce or custody dispute, a criminal case, or other civil litigation. That’s why it’s important to be thoughtful about what you put in writing, especially when you know a legal dispute is developing.

What About Deleted Text Messages?

If you’re already involved in litigation or reasonably expect a legal dispute, don’t start deleting messages simply because you’re concerned about how they might look. Parties may have obligations to preserve information that could be relevant to a case, and deleting potential evidence can create additional problems.

If you’re unsure what you should preserve, delete, or provide, speak with your attorney before making changes to your messages or accounts.

Think Before You Hit Send

You don’t have to be involved in a lawsuit today for this advice to be useful. Before sending a text or email during a difficult situation, take a moment and consider how those words might look if someone else read them later without hearing your explanation.

And if you’re already involved in a legal matter, assume that what you put in writing could potentially become part of the case.

If you have questions about evidence or how your communications could affect an ongoing legal matter, the attorneys at Banks, Stubbs, & McFarland can help you understand what may be relevant and how to protect your interests moving forward. Visit the Contact page on our website to request a consultation with our team.

Written by Banks, Stubbs, & McFarland