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Lucy, Esq.
Lucy, Esq., Attorney
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Experience:  Lawyer
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Can text messages be used in small claims court in Covington

Customer Question

Can text messages be used in small claims court in Covington county Alabama
Submitted: 2 years ago.
Category: Legal
Expert:  Lucy, Esq. replied 2 years ago.


I'm Lucy, and I'd be happy to answer your questions today.

A statement made by the opposing party is exempt from the hearsay rule. That means, if you're suing me, and I've sent you text messages, those messages can be used against me in court. Your messages TO me can only be used to put my messages to you in context. If you texted him repeatedly and he did not reply, those texts usually are not evidence unless you can convince the judge that his silence means he agrees with what you're saying.

The best way to introduce text messages into evidence is to get certified copies from the cell phone company, if you can. That requires a subpoena, which you can get from the clerk of the court. That way, you get a printout of all the texts and don't have to worry about your phone breaking or the battery dying at an inopportune moment.

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