Can Text Messages Be Used in Court as Digital Evidence?

Most people don’t think twice about sending a text message. Whether it’s an innocuous dinner plan or a subtle hint at insider trading information, people do not necessarily assume that what they send in a text message may actually come back to haunt them in a court case. Of the 18.7 billion texts sent in a day, the vast majority of them are probably innocent. But the ones that aren’t can serve as valuable evidence in a court case, provided they are properly preserved and legally admitted into evidence.  

Text messages are part of a new generation of digital evidence that is now commonly used in many legal cases. In fact, the discovery process, during which both sides in a court case gather and provide evidence, now includes what’s known as eDiscovery (electronic discovery), which takes into account electronically stored information, including text messages.   

It is therefore important that companies have a way to capture and store text messages that may need to be used as evidence in court cases or legal investigations. To save text messages for court use, they must be preserved in a way that can be authenticated and not tampered with.  

In this article, we will explore how text messages can be used in court and the best practices in digital evidence storage that companies should adopt.   

Key Takeaways

• Text messages can be used in court, but only if they are properly preserved and authenticated. Courts want proof that the messages are real, relevant, and unchanged.  
• Screenshots may be accepted as evidence, but they still need supporting proof. A screenshot alone is not always enough; sender identity, context, and message authenticity still matter.
• Text messages can sometimes create legally binding agreements. If a text exchange clearly shows offer, acceptance, consideration, and intent, a court may treat it like a valid contract.
• Preserving metadata and the chain of custody is critical. Drive imaging, hash values, and detailed access logs help show that the evidence was not altered or tampered with.
• Businesses should archive messages before a dispute happens. The article notes that billions of texts are sent daily, and regulated industries often need a routine capture-and-retain process for compliance and legal readiness.

Text Messages as Digital Evidence 

Digital evidence is defined as “information stored or transmitted in binary form that may be relied on in court. It can be found on a computer hard drive, a mobile phone, among other places.” While a text message can be considered digital evidence, certain requirements must be met for it to be legally admissible in court. 

The question: Are text messages admissible in court? – is not as straightforward to answer as it might seem. Because it is fairly easy to fake a text message exchange. Procedures must be followed to ensure that any text messages admitted into evidence have been authenticated and proven legitimate. Text messages can also be deleted or altered; therefore, stopgaps must be put in place to ensure that messages to be used as evidence in court are not altered or destroyed.  

Properly capturing and storing employee text message communications with clients as a routine practice will protect companies from trouble in the event of an investigation or legal action. In many industries – especially finance, insurance, and other highly-regulated fields – firms are legally required to capture and archive all electronic communications anyway, so having a digital evidence storage system should be a given. Once the information is stored, it’s just a matter of ensuring it is properly authenticated and admissible as evidence if needed.   

Are Text Messages Legally Binding? 

Text messages can, under the right circumstances, be legally binding, just like emails, contracts, or verbal agreements. In legal terms, a binding agreement requires an offer, acceptance, consideration (something of legal value exchanged), and an intent by both parties to enter into an agreement. If a text message exchange contains these elements, courts may view it as a valid, legally binding contract.  

For example, if two parties agree on the essential terms of a business deal over text – such as price, deliverables, and timeline – and both indicate clear intent to be bound by that agreement, a court may enforce it. That said, the informality of texting can create ambiguity. Emojis, typos, or casual language may muddy the waters of intent. Additionally, some types of agreements are required by law to be in writing and signed, such as real estate transactions, which may not hold up if only negotiated over text.  

How to Authenticate Text Messages for Court 

Just because a person receives a text that appears to have been sent from a particular phone number does not mean the owner of that number is actually the one who sent that text. Someone else may have had access to their phone and written the text, for example. This is why it’s necessary to first authenticate text messages before they can be accepted as evidence.  

In the United States, each state’s court system can establish its own rules for the authentication of text messages, but most seem to be following the suggestion of the American Bar Association that only a low burden of proof is required which can generally be fulfilled by witness testimony and/or certain characteristics of the message such as the phone number it was sent from.  

There is typically a two-step process that includes: 

1. A witness testifying that the print-outs or screenshots of the text messages are, in fact, true to what was received. 

2. A witness testifying to the identity of the person who is purported to have sent the message in question.  

Once these steps have been taken, text messages can be entered into court as digital evidence.  

Can Screenshots of Text Messages be used in Court? 

Given the increase in the types of data sources used in the discovery process, the rules governing what is admissible and what isn’t are continually evolving. The case of United States v. Michael Avenatti in September 2021 set a precedent for the admission of screenshots of text messages in court, provided they are authenticated in the same way as the actual messages.   

How to Preserve Text Messages for Use as Evidence 

To avoid the stress of obtaining text message records at the last minute, if needed, it is important for companies to have a process in place for collecting and preserving text messages. There are 3 important elements to this process:  

Drive Imaging  

It is very important not to manipulate the original data on a mobile device, as this may inadvertently delete or alter important metadata that could be useful evidence. Therefore, a forensic analyst should be hired in order to create an exact duplicate of the drive. The forensic analyst’s expertise is needed, as they have the skills to recover deleted files that may prove relevant to a case. 

Hash Values  

If you were to ask a forensic analyst what the most critical aspect of digital evidence is, they are likely to talk about hash values. These unique values are assigned to each image in the original data that is created for analysis. Whenever a file is modified, a new hash value is generated, making it easy to tell whether evidence has been tampered with.  

Chain of Custody  

Throughout the process of retrieving text message records from a device, forensic investigators should document each step they take. Once the messages are stored, there must also be a clear record of each and every person who had access to them and any actions they took. This chain of custody is important for proving that the evidence was never unattended and that anyone who had access to it was authorized to do so. Without a proper chain of custody, digital evidence storage can be deemed insecure, and the legal value of the evidence can be called into question.  

Stay Prepared 

Companies must always be prepared for the unfortunate reality of court cases and legal action, whether the claims are well-founded or not. Rather than waiting until the situation arises and then worrying about questions like are text messages are admissible in court, it’s better to stay on the safe side and be prepared.  

The LeapXpert Communication Platform enables companies to capture and archive all client conversations using native text messaging and other third-party apps. This helps companies remain compliant with record-keeping regulations while also ensuring that they are ready to submit text messages as evidence in court.  

FAQ

Can text messages be used in court as evidence?

Yes, text messages can be used in court as digital evidence, provided they are properly authenticated and preserved. Courts require verification that the messages are legitimate, unaltered, and relevant to the case. 

Does a text message count as a written notice under contract law?

In many cases, yes. If the language in the text clearly communicates intent and satisfies the terms of the contract regarding notice, courts may accept it as valid written notice, although this depends on the nature of the agreement and applicable laws.  

How do courts verify the authenticity of a text message?

Courts typically require witness testimony and corroborating details, such as the sender’s phone number, message context, or metadata, to confirm a message’s authenticity. The process is designed to ensure the message wasn’t faked or altered. 

Is taking screenshots of messages illegal or inadmissible?

Taking screenshots isn’t illegal, and screenshots can be admitted in court if properly authenticated. However, screenshots alone may not be enough without additional verification of who sent the message and when it was sent. 

What metadata is critical to preserve when collecting text evidence?

Critical metadata includes timestamps, sender and recipient information, device identifiers, and message status (e.g., delivered or read). Preserving this data helps verify authenticity and ensure admissibility in court. 

What steps should you take to preserve text messages for court?

To preserve texts for legal use, avoid manipulating the original data, create a forensic image of the device, maintain detailed chain of custody records, and use tools that retain metadata and prevent tampering. 

What are the best apps or tools for exporting and preserving texts?

Tools like LeapXpert are commonly used by legal and compliance teams to export and preserve text messages securely. This type of platform maintains metadata and helps ensure that the messages meet evidentiary standards.