Text Messages

[spflanze]

What is the name of your state? Califoornia

I understand that text messages between cell phones are admissible evidence in court. I do not have a cell phone, but I do have a means of sending and receiving cellphone text messages from an email account. Would this be just as admissible as text messages between cell phones?

 

[PayrollHRGuy]

What is the name of your state? Califoornia

I understand that text messages between cell phones are admissible evidence in court. I do not have a cell phone, but I do have a means of sending and receiving cellphone text messages from an email account. Would this be just as admissible as text messages between cell phones?

Just a text message on its own is not admissible. It must be authenticated. Using a computer based messaging system doesn't change this it may make it harder though.

CA Evid Code § 1400: “Authentication of a writing means (a) the
introduction of evidence sufficient to sustain a finding that it is the writing that the proponent of the evidence claims it is or (b) the establishment of such facts by any other means provided by law.”

 

[quincy]

As a note: Authentication of a message (email, text, letter, whatever) can be as simple as a party saying "I received this from X."

A problem only arises if X denies sending the message,

 

[spflanze]

I seek a way to introduce as evidence a message sent to that the sender cannot refute. I understand that any text message can be faked, so there is a need for authentication by other than me.

The cell phone companies keep text messaging records. How long they keep them varies by the provider. Suppose I file a small claims lawsuit and subpoena the provider for text messages the defendant sent to me. Is there a way to submit as evidence the subpoenaed text messages in way that maintains the cell phone provider's authentication?

 

[quincy]

I seek a way to introduce as evidence a message sent to that the sender cannot refute. I understand that any text message can be faked, so there is a need for authentication by other than me.

The cell phone companies keep text messaging records. How long they keep them varies by the provider. Suppose I file a small claims lawsuit and subpoena the provider for text messages the defendant sent to me. Is there a way to submit as evidence the subpoenaed text messages in way that maintains the cell phone provider's authentication?

You believe your defendant will deny sending the texts?

 

[Taxing Matters]

I seek a way to introduce as evidence a message sent to that the sender cannot refute. I understand that any text message can be faked, so there is a need for authentication by other than me.

The cell phone companies keep text messaging records. How long they keep them varies by the provider. Suppose I file a small claims lawsuit and subpoena the provider for text messages the defendant sent to me. Is there a way to submit as evidence the subpoenaed text messages in way that maintains the cell phone provider's authentication?

You may need to have someone from the provider testify as to the authenticity of the information you got from the subpoena.

 

[quincy]

Here is a link to easy-to-read information on authenticating digital evidence in California courts:

Removed faulty link. See post that follows.

 

[PayrollHRGuy]

There is something broken in that link. The linkiness stops after /Conferences

 

[quincy]

Still broken

Still trying to fix. I'll get it to work eventually.

 

[quincy]

https://www.iap-association.org/getattachment/Conferences/Regional-Conferences/North-America-and-Caribbean/4th-North-American-and-Caribbean-Conference/Conference-Documentation/4NACC_Jamaica_WS1B_Morgester_CA-Digital-Evidence.pdf.aspx

This link works. Not sure what the problem was with the other one.

 

[PayrollHRGuy]

Looks like you fixed it. What was wrong with it?

 

[quincy]

Looks like you fixed it. What was wrong with it?

I finally gave up trying to figure it out. Haha.

 

[spflanze]

You believe your defendant will deny sending the texts?

Of course I do. Just about everything the defendant has told me was a lie. He will lie again to save himself $1700.

 

[quincy]

Of course I do. Just about everything the defended has told me was a lie. He will lie again to save himself $1700.

In that case, authenticate what you can beyond your own assertion that the texts are what you say they are.

Good luck.

 

[spflanze]

You may need to have someone from the provider testify as to the authenticity of the information you got from the subpoena.

The "Introducing Digital Evidence in California State Courts" document linked to in this thread does indicate that sending someone to testify as to a text message's authenticity is something cell phone providers do. Were I to subpoena the cell phone provider to send someone to do that would I have to pay for the time that someone spent traveling to and from court, waiting in court for the case to come before the judge, and testifying?

I may have to settle for a signature that certifies authenticity from someone at the cell phone company.

The information about metadata in that document indicates it would help to include the email headers in the email's hard copy. Such headers would make the evidence stronger but would not be irrefutable proof though.

Many thanks for that link. That document linked to contains a lot of information I need to know. I will study it more when I have time.