Are Text Messages Accepted As Evidence in a Florida Divorce?
If you’re involved in a Florida divorce or family law case, you may be curious whether text messages sent by your spouse can be admitted into evidence. Unfortunately, if there’s doubt as to their authenticity, the court might not accept them as evidence.
Acquiring text messages into evidence requires mastering the art of authentication. Having a trial lawyer who understands how to do this is an essential skill set in today’s globalized world.
Admissibility
In Florida, text messages can be admissible in divorce cases if they meet certain criteria and have specific authentication. However, courts do not automatically accept them as evidence unless they also meet all other legal requirements.
Text messages must be authenticated in order to prove they are both pertinent and incriminating. This can be accomplished by having a witness testify about the authenticity of the evidence.
Courts have created rules to govern the admissibility of text messages and other digital evidence in court. While these regulations vary by jurisdiction, several common themes apply across most jurisdictions.
Reliability
Whether text messages can be considered evidence in court depends on the facts of each case. To be admissible, they must meet Florida’s Rules of Evidence.
One of the most essential requirements for text messages is reliability. This can be ensured by creating a solid foundation and authenticating the message before sending it off.
This is often accomplished through a series of tests and inspections designed to verify its authenticity, such as forensic examination, electronic monitoring, and other methods. Although this process can be time-consuming, the end result usually proves worthwhile if the message received is reliable. What’s great about these test methods is that they’re not limited to just the case at hand; this allows for a more comprehensive analysis of all evidence present. Ultimately, juries are much more likely to accept the reliability of evidence in these types of cases.
Authentication
Text messages that can be authenticated as genuine are likely admissible in court.
It will be the responsibility of the party seeking admission into evidence to demonstrate its accuracy and reliability. This process works similarly when someone attempts to admit a letter written by another individual into evidence.
In a recent case, the Florida Fourth District Court of Appeals held that text messages can usually be admitted into evidence in family law cases when authenticated by those who received them. In this particular instance, the victim testified that screenshots accurately represented her conversations with Heisler.
Limitations
When parties seeking divorce, they may ponder if text messages can be presented as evidence in court. This is especially relevant if one party has been accused of infidelity.
The answer to this question depends on several factors. First, determine whether the message meets Florida court admissibility requirements.
Another element considered is the person’s capacity to prove they wrote the text messages themselves. Without proof, court will not accept them as evidence in court.
Recent decision from Florida’s 4th District Court of Appeal provides insight into how text messages can be admissible into evidence. It also outlines limits on their use during discovery and how to overcome objections from opposing counsel.