I have dozens of text messages that are very damaging to my wife and the case she is trying to present against me.
I would like to use these text messages as part of my defense but am curious about the rules of evidence and whether they can be used.
Do text messages submitted as evidence hold up in court?
I am not licensed to practice law in your state so I cannot offer legal advice on divorce. However, I can give you general divorce help for men that may be useful to you.
In Indiana (where I practice), text messages can be admitted into evidence. However, there are rules of evidence that must be met in order to lay the proper foundation for the admission of these text messages.
Indiana Evidence Rule 901(a) requires authentication of evidence. In other words, one would need to prove that the text messages were received from the other party and that they are true and accurate copies.
The identification requirement can sometimes be done through testimony by asking what the other party's phone number is and then demonstrating that the text messages came from the number that the other party testified too.
However, if the other party alleges that they did not write the text messages and that someone else wrote them, then one can try to prove that it was written by the other party.
This can be done by proving that there are distinctive characteristics, like the content of the text messages, which would help support that the other party was the one that wrote the text message. This aspect can always be a little tricky.
I would suggest that you meet with an attorney in order to discuss divorce rights for men and to determine if the text messages have a likelihood of meeting the foundational requirements.
Cordell & Cordell has mens divorce lawyers located nationwide. To arrange an initial consultation with a Cordell & Cordell attorney, including Rachel S. Sadovsky, an Associate Attorney in the Indianapolis, Indiana, office, please contact Cordell & Cordell.