Text messages, Email and Facebook Posting as Evidence
by
Refik W Eler on Jun. 29, 2017
Divorce & Family Law Criminal Accident & Injury
Summary: Text messages, emails and Facebook posts may be used as evidence if all of the proper predicate has been established for admissibility in a court of law.
Text messages, emails and Facebook postings may be admissible in evidence in Florida court proceedings if they are
lawfully obtained, properly “authenticated” and a custodian of records is called to testify about their
authenticity. Absent those safeguards admission against a party opponent may be thwarted. Also, if
the data was unlawfully obtained opposing counsel should be able to have the data excluded and even
possibly pursue criminal charges on the offending party.
In any case where email, text and/or Facebook postings may be useful to prove a party’s claim they should
be preserved as soon as possible. “Letters of preservation” are often sent to the ISP or other entities to
preserve that data. Finally, sometimes a subpoena is required to produce the data from an ISP or other
entity. This can involve a legal battle with the ISP or entity as many such ISP’s and entities with fight to
preserve the confidentiality and/or proprietary interest that they have and afford their clients.
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