Legal Corner

are text messages usable evidence in court (eom)
shyguyNV 2309 reads
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Shootfighter766 reads

Trend favors admission of such evidence unless it lacks foundation or sufficient indicia of reliability

https://apps.americanbar.org/litigation/litigationnews/2008/april/0408_article_messages.html

The link provides useful insights on texts & emails being admissible & proving their authenticity

In the case that someone serves you with a lawsuit, or a scenario presents itself where you should reasonably anticipate someone bringing an action against you, you could have a duty to preserve all electronic evidence that might be relevant; intentionally destroying said evidence can result in punitive actions ranging from a jury instruction against you to having the case adjudicated in favor of the other party. Jurisdictions differ on what you have a duty to preserve though, so if you want more info, google "litigation hold e-discovery". E-discovery is a rapidly growing area of law and there's a lot of info on the subject. Hope this is useful for someone!
xo - Clare

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