Text messages and admissibility


#1

I would like to know how one goes about getting text messages admitted into evidence.

My service provider does not allow me to email these to myself in a way that would preserve the sender and time stamp. I know from reading this bulletin board that text messages are admissible, but how would you offer them into evidence?

They do stay on the actual phone, but cannot be emailed with all of the necessary information. That is only available on the phone. I also checked with the carrier (Verizon) and they say that they are not saved on their servers, and that they are only on the phone itself.

I am indebted to you for the help you have given me so far. This is a true public service. Thank U


#2

You may simply take the phone into court and show the judge the text message.


#3

So this is really easier than emails?

Are they authenticated by the phone number that sent it?

Thank U


#4

Yes, you got it!


#5

That’s great!

Thank You so much! Thank you! You’ve been a huge help to me.


#6

You are very welcome, I wish you all the best.


#7

Adding to this, I had called Verizon about getting text messages to use (between ex and 3rd party…phone bills in my name), and was told that they DO have the actual texts archived, but that they can only be released by subpeona, due to privacy issues with the 3rd party.

Just in case you, or anyone else was wondering about texts between the ex and someone else…


#8

that’s strange. I was told by Verizon that they never save them on their servers for more than a couple of days. I am just going to plan on using the ones on my phone, as Ms. Clarey described.


#9

so what is the right answer here they do archive or not?

And what if it is a harmless flirtation that happened after one spouse had hired a lawyer , presented a separation agreement to the other and , willnot speak to other while cohabitating in same house and when does have to talk about child is hostile . If there has been no physical contact in this text relationship , can one spouse use this type of texts to avoid alimony or for more share of ED.?

It is nice to be treated nice. Not gonna go anywhere, but don’t want to hurt myself either . It is so hard when it has been bad so long to not want to continue this flirtation . Am I playing with fire?


#10

You will have to contact your carrier regarding their policy on the archiving of text messages.
Any kind of flirtation with a third prior to Order, or settlement of all issues can be dangerous as it can lead to the other spouse becoming even more difficult to deal with, and may cause a breakdown in negotiations. Further your spouse can attempt to say that the flirting is evidence that you initiated a romantic relationship with a third party prior to separation, which, if it can be proven can bar a claim for alimony.
Alleged adultery is not a factor in ED, only Alimony.


#11

adultery is having sexual intercourse not flirting. right ?


#12

Yes, but sometimes flirting is used to allege that adultery has been committed.


#13

If you have he actual phone, use a good quality digital camera and take pictures of the text messages displayed on the phone.
Embed the pictures in a word document.
Print and bring to court.

A cheap digital camera won’t work.

Been there, done that.


#14

Cant you just forward the message to your email, thats what I do.