Cell Phone Evidence


#1

Can text messages from a cell phone between me and motherinlaw, me and sisterinlaw, and me and ex husband be used as evidence in court in a custody case? Would I actually just take my phone to court and show the message to the judge for evidence?

Also, Can my ex husband use as evidence in a custody case, a recorded phone call between me and him? I have recorded phone calls between him and me also and it seems so easy to pause the recording and therefore, the final recorded conversation used as evidence may not include why one of us reacted verbally the way we did.


#2

Text messages,(yes they are shown on the phone) if relevant can be used as evidence in court. The messages between you and your husband will be admissible and are not hearsay as the communications are between you and a party opponent (your ex). As for the messages between you and his mother and sister, those may be excluded on hearsay grounds depending on the purpose for which you want to present them in court.
Recorded phone calls between you and your husband are admissible in court. If he tries to introduce a phone call that is not the complete recording you may, if you have the full recording, present that to the judge, or in the alternative testify to what was said during any periods during the call which you assert have been deleted.