Text messages as evidence: how to present them

Texts often decide custody, divorce, small-claims and harassment cases. How you present them matters almost as much as what they say.

What judges and lawyers want to see

• Complete context. A full conversation, or a full date range, beats a handful of screenshots. Selective screenshots invite "what came before that?"
• Dates and times on every message. Screenshots often show a time but not a date.
• Clear senders. It must be obvious which messages are yours and which are theirs.
• Easy references. Numbered messages let you write "messages 112–118" in your statement instead of describing screenshots.
• A way to show it's unaltered. Keep the phone and the original export. A file hash on the printout links the paper to that original file.

Common mistakes

• Cropping or editing screenshots. Even innocent cropping can be attacked.
• Deleting the original conversation or resetting the phone before the case ends.
• Printing 300 screenshots with no order or numbering.
• Hiding unrelated private messages by leaving them out. Mark them as redacted instead, so the gaps are visible and explained.
• Bringing only the phone. Many courts want paper or PDF copies for the judge and the other side.

A simple process

1. Export the conversation: Android SMS or WhatsApp.
2. Make a numbered, dated printout of the whole thread, or of the relevant date range.
3. Redact unrelated private messages, keeping the message numbers.
4. In your statement, cite messages by number.
5. Bring enough copies, and keep the phone and original export file safe.

iPhone / iMessage?

iMessage doesn't have a built-in export, and we don't support it yet. If your messages are on WhatsApp, use the WhatsApp export. Otherwise, ask your lawyer about a forensic extraction.