Using text messages as evidence in court: how to export them properly
Wrongful termination, unpaid rent, harassment, child custody, botched repairs: text messages and WhatsApp chats have become common exhibits in a case. You still need to present them properly.
This article offers practical pointers, not legal advice. Every situation is different, and the rules vary by state and by court: talk to your lawyer.
What gives messages their weight
- The date and time of each message, not just of a block of messages.
- The order and completeness of the exchange: an excerpt taken out of context is easy to challenge.
- Who the people are: the contact's name and phone number.
- The attachments: photos, voice messages and documents sent in the conversation.
Screenshots: the bare minimum
They're simple, but the time doesn't appear on every message and nothing proves that no message was left out between two screenshots. For a few messages, they're often enough; for a long relationship, they're fragile.
A full export of the conversation
With PhoneScroll, you export the entire conversation to PDF, in order, with the date, time, direction (sent or received) and contact for each message. You can limit the export to a specific date range and save the photos and voice messages separately, named by date. Also keep the iPhone backup the export came from.
Authentication: affidavits and digital forensics experts
In the United States, a court will usually want to know that the messages are what you say they are: this is called authentication. Depending on the case, it can rest on the testimony of someone who took part in the conversation or on a sworn statement (an affidavit or declaration) explaining where the messages come from and how they were exported. A notary can witness the signature on an affidavit, but doesn't vouch for the content of the messages. When authenticity is likely to be disputed, a digital forensics expert can examine the phone and document its contents in a report. It costs money, but it's harder to challenge. Your lawyer will tell you what, if anything, makes sense in your case.
What not to do
- Reading or exporting the messages on someone else's phone without their consent: it can be illegal, and the evidence could be thrown out.
- Editing an export: it must faithfully reflect the conversation.
- Deleting the messages from your iPhone after exporting them: keep the original.
See also: Use cases: why export your iPhone text messages? and How to print text messages from iPhone to PDF (with date and time).