Text messages and admissibility

Welcome to the North Carolina Divorce Legal Issues Forum. Please post your topics and questions for discussion. Our attorneys WILL RESPOND to the posted issues. It may take several days for a response to be posted by our attorneys.

Moderators: LeeRosen, Kathleen Putiri, Erin Clarey, Lindsay Willis, Ryan Short

Text messages and admissibility

Postby LuvMyBeagle32 » Tue Nov 09, 2010 2:10 pm

I would like to know how one goes about getting text messages admitted into evidence.

My service provider does not allow me to email these to myself in a way that would preserve the sender and time stamp. I know from reading this bulletin board that text messages are admissible, but how would you offer them into evidence?

They do stay on the actual phone, but cannot be emailed with all of the necessary information. That is only available on the phone. I also checked with the carrier (Verizon) and they say that they are not saved on their servers, and that they are only on the phone itself.

I am indebted to you for the help you have given me so far. This is a true public service. Thank U
LuvMyBeagle32
 
Posts: 24
Joined: Sat Oct 30, 2010 2:53 pm

Re: Text messages and admissibility

Postby Erin Clarey » Tue Nov 09, 2010 2:34 pm

You may simply take the phone into court and show the judge the text message.
Erin E. Clarey
Attorney with Rosen Law Firm

Ballantyne • Cary • Chapel Hill • Charlotte • Durham • Raleigh • Matthews • Pineville

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

ROSEN.COM

We aim to be your best option for finding a Raleigh divorce lawyer, Charlotte divorce lawyer, or Durham divorce lawyer

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Erin Clarey
 
Posts: 7662
Joined: Mon Dec 08, 2008 8:50 am
Location: Attorney with the Rosen Law Firm

Re: Text messages and admissibility

Postby LuvMyBeagle32 » Tue Nov 09, 2010 3:57 pm

So this is really easier than emails?

Are they authenticated by the phone number that sent it?

Thank U
LuvMyBeagle32
 
Posts: 24
Joined: Sat Oct 30, 2010 2:53 pm

Re: Text messages and admissibility

Postby Erin Clarey » Tue Nov 09, 2010 4:02 pm

Yes, you got it!
Erin E. Clarey
Attorney with Rosen Law Firm

Ballantyne • Cary • Chapel Hill • Charlotte • Durham • Raleigh • Matthews • Pineville

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

ROSEN.COM

We aim to be your best option for finding a Raleigh divorce lawyer, Charlotte divorce lawyer, or Durham divorce lawyer

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Erin Clarey
 
Posts: 7662
Joined: Mon Dec 08, 2008 8:50 am
Location: Attorney with the Rosen Law Firm

Re: Text messages and admissibility

Postby LuvMyBeagle32 » Tue Nov 09, 2010 6:34 pm

That's great!

Thank You so much! Thank you! You've been a huge help to me.
LuvMyBeagle32
 
Posts: 24
Joined: Sat Oct 30, 2010 2:53 pm

Re: Text messages and admissibility

Postby Erin Clarey » Wed Nov 10, 2010 9:48 am

You are very welcome, I wish you all the best.
Erin E. Clarey
Attorney with Rosen Law Firm

Ballantyne • Cary • Chapel Hill • Charlotte • Durham • Raleigh • Matthews • Pineville

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

ROSEN.COM

We aim to be your best option for finding a Raleigh divorce lawyer, Charlotte divorce lawyer, or Durham divorce lawyer

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Erin Clarey
 
Posts: 7662
Joined: Mon Dec 08, 2008 8:50 am
Location: Attorney with the Rosen Law Firm

Re: Text messages and admissibility

Postby needtoleave » Wed Nov 10, 2010 4:31 pm

Adding to this, I had called Verizon about getting text messages to use (between ex and 3rd party...phone bills in my name), and was told that they DO have the actual texts archived, but that they can only be released by subpeona, due to privacy issues with the 3rd party.

Just in case you, or anyone else was wondering about texts between the ex and someone else...
needtoleave
 
Posts: 136
Joined: Fri Oct 16, 2009 7:55 pm

Re: Text messages and admissibility

Postby LuvMyBeagle32 » Wed Nov 10, 2010 7:08 pm

that's strange. I was told by Verizon that they never save them on their servers for more than a couple of days. I am just going to plan on using the ones on my phone, as Ms. Clarey described.
LuvMyBeagle32
 
Posts: 24
Joined: Sat Oct 30, 2010 2:53 pm

Re: Text messages and admissibility

Postby fallingforward » Sun Nov 21, 2010 7:12 am

so what is the right answer here they do archive or not?

And what if it is a harmless flirtation that happened after one spouse had hired a lawyer , presented a separation agreement to the other and , willnot speak to other while cohabitating in same house and when does have to talk about child is hostile . If there has been no physical contact in this text relationship , can one spouse use this type of texts to avoid alimony or for more share of ED.?

It is nice to be treated nice. Not gonna go anywhere, but don't want to hurt myself either . It is so hard when it has been bad so long to not want to continue this flirtation . Am I playing with fire?
fallingforward
 
Posts: 27
Joined: Mon Oct 25, 2010 4:03 pm

Re: Text messages and admissibility

Postby Erin Clarey » Mon Nov 22, 2010 9:02 am

You will have to contact your carrier regarding their policy on the archiving of text messages.
Any kind of flirtation with a third prior to Order, or settlement of all issues can be dangerous as it can lead to the other spouse becoming even more difficult to deal with, and may cause a breakdown in negotiations. Further your spouse can attempt to say that the flirting is evidence that you initiated a romantic relationship with a third party prior to separation, which, if it can be proven can bar a claim for alimony.
Alleged adultery is not a factor in ED, only Alimony.
Erin E. Clarey
Attorney with Rosen Law Firm

Ballantyne • Cary • Chapel Hill • Charlotte • Durham • Raleigh • Matthews • Pineville

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

ROSEN.COM

We aim to be your best option for finding a Raleigh divorce lawyer, Charlotte divorce lawyer, or Durham divorce lawyer

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Erin Clarey
 
Posts: 7662
Joined: Mon Dec 08, 2008 8:50 am
Location: Attorney with the Rosen Law Firm

Re: Text messages and admissibility

Postby fallingforward » Mon Nov 22, 2010 3:34 pm

adultery is having sexual intercourse not flirting. right ?
fallingforward
 
Posts: 27
Joined: Mon Oct 25, 2010 4:03 pm

Re: Text messages and admissibility

Postby Erin Clarey » Mon Nov 22, 2010 3:44 pm

Yes, but sometimes flirting is used to allege that adultery has been committed.
Erin E. Clarey
Attorney with Rosen Law Firm

Ballantyne • Cary • Chapel Hill • Charlotte • Durham • Raleigh • Matthews • Pineville

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

ROSEN.COM

We aim to be your best option for finding a Raleigh divorce lawyer, Charlotte divorce lawyer, or Durham divorce lawyer

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Erin Clarey
 
Posts: 7662
Joined: Mon Dec 08, 2008 8:50 am
Location: Attorney with the Rosen Law Firm

Re: Text messages and admissibility

Postby rprprp » Tue Nov 23, 2010 10:33 pm

If you have he actual phone, use a good quality digital camera and take pictures of the text messages displayed on the phone.
Embed the pictures in a word document.
Print and bring to court.

A cheap digital camera won't work.

Been there, done that.
rprprp
 
Posts: 3
Joined: Mon Jun 21, 2010 7:46 pm

Re: Text messages and admissibility

Postby nooneinparticular » Mon Nov 29, 2010 3:38 pm

Cant you just forward the message to your email, thats what I do.
nooneinparticular
 
Posts: 11
Joined: Mon Nov 09, 2009 7:52 pm


Return to Legal Issues - ATTORNEYS WILL RESPOND

Who is online

Users browsing this forum: No registered users and 1 guest