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Can Text Messages Be Used in Court as Evidence?

text messages as evidence | Justice Family Lawyers

Yes, photos or screenshots of text messages can potentially be used as evidence in court proceedings in Australia, but certain conditions must be met. 

Conditions

These circumstances generally adhere to the principles of the rules of evidence. The fundamental principles remain broadly consistent despite variations in these rules across states and territories.

Here are the general conditions:

  • Relevance: The text message content must be directly related to the issue before the court. Irrelevant evidence is typically not admissible.
  • Authenticity: Text messages must be legitimate. You must demonstrate that the parties in question sent and received the messages. This can be more challenging when using a photograph of a text message as opposed to a digital record.
  • Legal Acquisition: The text messages must have been legally obtained. They may not be admissible if they were obtained without the parties’ consent or by means that violate privacy laws or other laws.
  • Hearsay: Text messages may not be admissible as evidence if the hearsay rule applies. Unless a specific exception applies, the hearsay rule generally prohibits the admission of statements made outside of court as proof of their integrity. The complexity of determining whether the hearsay rule applies to a given situation necessitates the advice of a lawyer.
  • 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. According to Section 137 of the Evidence Act 1995, the court must refuse to acknowledge the evidence if the risk of unjust prejudice to the defendant outweighs its value.
  • 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.

Courts generally prefer the best evidence that can be provided.

Also read: 8 Ways on How to Prove Assault

Other Digital Documents That Can Be Used as Evidence

A wide range of digital documents can be used as evidence, assuming they meet the requirements for admissibility. These can include:

  • Emails: Emails can provide a record of conversations, agreements, threats, admissions, or other relevant pieces of information.
  • Text and instant messages: These can document essential conversations and events, like emails. This includes messages sent through platforms like WhatsApp, Messenger, or any other messaging platform.
  • Social media posts and direct messages: Public and private messages sent through social media platforms can be used, as discussed previously.
  • Digital photos and videos: Photos and videos can be used to document events, identify individuals, or demonstrate various other points of relevance to a case.
  • Online transaction records: Records of online purchases, transfers, or other transactions can be vital in some instances, such as fraud.
  • Digital contracts and agreements: Electronic versions of contracts and agreements can be used as evidence, including those that have been signed digitally.
  • Computer and smartphone logs: Logs of computer or smartphone use, including internet browsing history, app use history, and location data, can sometimes be used, often in criminal cases.
  • Files stored on cloud services: Documents, photos, videos, and other files stored on services like Google Drive or Dropbox can be used as evidence.
  • GPS and other location data: Data from GPS devices, smartphones, or other sources can be used to demonstrate a person’s or vehicle’s location at a particular time.

Remember that admissibility requirements for digital evidence include relevancy, authenticity, and legal acquisition.

Also, the specific rules and procedures for admitting digital evidence can vary by case type and jurisdiction.

Always consult a legal professional to receive situation-specific advice. 

Can Photos of Text Messages Be Used in Court? 

Justice Family Lawyers is here to help. Our expert team of domestic violence lawyers understands the complex dynamics of digital evidence in today’s legal landscape.

We can help you navigate the challenging process of introducing such evidence to strengthen your case. Let’s uncover the truth together.

Contact us today to learn more about how we can assist you in understanding, “Can photos of text messages be used in court?”

4 thoughts on “Can Text Messages Be Used in Court as Evidence?”

  1. Hi Margarita

    My name is Ida from Western Australia

    Can Text Messages Be Used in Court in the Respondent’s interlocutory application?

    1. Hi Ida, yes text messages can generally be used in an interlocutory application provided that they are relevant to the specifics of the case.

  2. what if the witness sent cropped messages.didnt include other important details.how will it affect his testimony

    1. If a witness provides cropped messages or omits important details, it could affect their credibility and the weight given to their testimony if discovered. The other party may challenge the witness’s evidence by presenting the complete messages or additional context.

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