What area do text messages fall into? And are they admissable

[JustWantJustice]

I'm curious about this after reading about the restraining order on a different thread/section of this forum.

Just how do you get saved text messages admitted as evidence? I've got lots and lots of them that I would like to use, but since I've not got an atty for now, I don't know how this is done. Would a judge actually sit there and let you sift through your saved messages and then, what? Read them, looking at the phone itself? Or do you have to have the transcribed as well?

it's really frustrating to me because I had saved so much on my ex and now it seems like nothing matters because of his lying. He's getting away with so much, and i just want a judge to really, really look at this, and these text messages are very damning.

I've also got a tape, an analogue tape that I made of him, showing what he's like when he's not playing hte part of the good Christian. It's horrifying. I know that I have to have it authenticated, but does not sound like a big deal. I am the one who recorded it. I kept it in a locked safe box. And it's analogue, not digital. Unfortunately, because of the nature of this encounter, there is a lot that you can't hear unless you know what is being said. Like I can hear that he's threatening me, but I had to rewind it a few times to figure that out. I talked to an atty on a consult that said I could transcribe it myself but that is not likely to fly, so I could have a court report transcribe it.

So what is the story with text messages and tape recordings, as far as presenting them as evidence? Anyone know about this?

 

[army judge]

I'm curious about this after reading about the restraining order on a different thread/section of this forum.

Just how do you get saved text messages admitted as evidence? I've got lots and lots of them that I would like to use, but since I've not got an atty for now, I don't know how this is done. Would a judge actually sit there and let you sift through your saved messages and then, what? Read them, looking at the phone itself? Or do you have to have the transcribed as well?

it's really frustrating to me because I had saved so much on my ex and now it seems like nothing matters because of his lying. He's getting away with so much, and i just want a judge to really, really look at this, and these text messages are very damning.

I've also got a tape, an analogue tape that I made of him, showing what he's like when he's not playing hte part of the good Christian. It's horrifying. I know that I have to have it authenticated, but does not sound like a big deal. I am the one who recorded it. I kept it in a locked safe box. And it's analogue, not digital. Unfortunately, because of the nature of this encounter, there is a lot that you can't hear unless you know what is being said. Like I can hear that he's threatening me, but I had to rewind it a few times to figure that out. I talked to an atty on a consult that said I could transcribe it myself but that is not likely to fly, so I could have a court report transcribe it.

So what is the story with text messages and tape recordings, as far as presenting them as evidence? Anyone know about this?

Tape recordings are difficult to use in civil trials.

Such recordings can be doctored.

You would need an audio expert to verify the authenticity of said recordings.

That is expensive, even if allowed.

Emails and text messages, another matter entirely.

You can subpoena the business records of the cell phone company.

They will produce authentic copies from their comapny archives, and a person will be called from the company to verify their authenticity.

They are easier to admit.

They are also easier to rebut, too.

You may have received them, but they are easy to spoof.

In criminal trials, the state can develop more determinative proof.

In civil trials, it is possible, but also costly.

In the end, they are easy to prove you received them.

But, they are gard to prove that a specific individual sent them.

That is even if you prove they came from that certain somebody's telephone!

Talk to your lawyer about this.

That is why you're paying him/her!

 

[JustWantJustice]

I;m sorry, but you are wrong on both of these matters. From what little I DO know, your info is not right.

Tapes are admissable, as long as they are "autenticated," and this falls under federal law. This just means that the person who operated the recording device has to know how to do it (I do); that the person recorded can be identified by the voices (iow, that there's no mystery about who is who in the recording); that the person who made the tape knows how it was stored (in a locked safe box). And lastly, ANALOGUE tapes are much more trustworthy than DIGITAL recordings, which are easily doctored.

Re text messages: NO THEY ARE NOT AUTOMATICALLY STORED by the cell phone provider. In fact, I called mine to find out how I could get copies of the ones I have saved on my phone and I was told that after three days, it is off their system. This varies from company to company, so there's no set amount of time. You absolutely cannot rely on your cell phone provider to prove that you got a text message on some certain date, from some certain number, that contained these certain characters. Not so.

The biggest cost to me with the analogue tape that I have is getting it transcribed. Other than that, the only cost I have is a few bucks for the tape itself.

 

[JustWantJustice]

Oh, and i don't have an attorney, which is why I have to hunt for knowledge myself. I've had a few consultations, which is where I verified what it means to have a tape authenticated and found that I'd need to have it transcribed for maximum shock value.

 

[army judge]

You're entitled to your interpretation.

You are free to do whatever the law and court permits.

I'm not soliciting free legal advice.

I'm dispensing it.

You're free to dismiss it.

I hope everything works out the way you wish.

 

[JustWantJustice]

Well, you are writing as though you know for a fact that these thigns are true. And they are not. If you want to know more about tape recordings, you can google that. Try "authenticating tape recordings." I also remembered this: they are treated as written testimony, which is why I had asked about transcribing it.

And the info about text messages: you can check that yourself as well. That is different depending on the cell phone service provider. They don't store that information indefinitely.