Can text messages be used in court for a divorce?
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Can text messages be used in court for a divorce?
Under certain circumstances, it is possible to use text messages as supporting evidence during the proceedings. In order for a text message to be usable in a divorce case, it must be authenticated. A text message can only be used in court if it fits a hearsay exception.
Can my wife see my text messages?
If your wife was listed on the account then she can get access to the phone records and see the phone number you texted. In regard to the content of the deleted text messages or pictures, that depends on each phone company.
Can deleted texts be subpoenaed?
Text message records must be obtained from a party’s cell phone provider. An attorney can obtain a court order or subpoena to get the records directly from the service provider. The only possible way to recover lost or deleted text messages by hiring a forensic investigator to inspect the phone.
Can the content of text messages be subpoenaed?
As soon as you become aware that text messages may be relevant in a criminal trial you should issue a subpoena to secure copies of them from the phone company. Therefore, if you wanted to subpoena the content of a text message you would need to issue and serve a subpoena on the day of the text message.
