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If this person accessed your phone without your authorization and took private information from you you may be able to have any improperly obtained evidence kept out of the hearing. The way that is done is to file a Motion in Limine prior to the trial.
The courts of New Mexico recognize the use of the Motion in Limine procedure for civil matters. See this case:
A Motion in Limine is a motion asking the court to disallow the introduction of evidence. There are multiple reasons for such a motion. Improperly obtained evidence is such a reason.
This link explains the Motion and has samples:
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