Yes, but a message does not become evidence just because it exists. Before a text or social media message can be admitted, someone has to authenticate it, and once one side uses part of a conversation, the other side can bring in the rest of that conversation on the same subject. Other evidence rules, such as the hearsay rule, can also limit how a message is used (Evidence Code section 1200).

A message has to be authenticated before it counts

A text, app, or social media message falls within California’s definition of a “writing,” which covers any form of communication recorded by any means, including words and pictures, however the record is stored (Evidence Code section 250). Like any other writing, a message cannot be received in evidence until it is authenticated (Evidence Code section 1401). Authentication means evidence sufficient to sustain a finding that the message is what the person offering it claims it is, for example a message really sent by a specific person from a specific account (Evidence Code section 1400).

That is a real requirement, but not a heavy one. The California Supreme Court describes it as a prima facie showing: if the evidence would support a finding that the writing is authentic, it clears this requirement, and conflicting inferences about authenticity go to how much weight it gets, not whether it comes in. The showing can come from witness testimony, circumstantial evidence, content, or where the writing was found (People v. Goldsmith (2014) 59 Cal.4th 258). The Evidence Code also gives examples that fit messages well: a message received in reply to one sent to the claimed author (section 1420), or one that refers to matters unlikely to be known to anyone but the claimed author (section 1421). The same rules apply to posts and direct messages on social media.

A screenshot is presumed accurate, but that presumption can be challenged

A printout of computer information, such as a printed screenshot or export of a message thread, is presumed to be an accurate representation of the information it shows (Evidence Code section 1552). A printout of images stored on a digital medium, such as a photo sent by text or posted to social media, gets the same kind of presumption (Evidence Code section 1553). The presumption only affects who has to produce evidence. Once the other side offers evidence that the printout is inaccurate or unreliable, for example because it appears edited, incomplete, or out of order, the side relying on it has to prove its accuracy by a preponderance of the evidence.

The presumption has a limit that is easy to miss. It goes to whether the printout matches the stored data, not to who wrote or sent the message. The California Supreme Court has explained that these presumptions only partly supply the foundation for a printout: they establish, at least preliminarily, that printing did not introduce errors (Goldsmith). Who actually sent a message remains an authentication question.

One message rarely tells the whole story

When one side introduces part of a conversation or writing, the other side may inquire into “the whole on the same subject,” and any other conversation or writing needed to make the introduced part understood may also come in (Evidence Code section 356). A single angry message read on its own can look very different once the messages sent just before and after it on the same subject are also in evidence, whether that context shows an apology, a change of subject, an ongoing pattern, or something else. A message offered in isolation can open the door to the rest of the exchange.

What this means in a domestic violence case

Messages sent before, during, or after an incident can support or undercut an account of what happened, including a claim that an accusation was exaggerated or motivated by something other than the incident itself. That defense theme is discussed at false accusations and domestic violence defenses and battery on a spouse, cohabitant, or dating partner. Whatever the argument, a message first has to be authenticated, and using part of a conversation can bring in the rest of it on the same subject.

A few practical points follow from these rules:

  • Do not delete, edit, or selectively forward messages. Destroying or altering evidence can create separate legal problems.
  • Keep the original messages on the phone or account, not just screenshots. If a printout’s accuracy is challenged, the original data can help show what was actually sent.
  • Do not assume a single message, favorable or unfavorable, decides anything. Expect the surrounding conversation to become part of the picture once any part of it is introduced.

Next steps

If text or social media messages are part of your domestic violence case, the Law Offices of David S. Chesley can review what you have, how it was preserved, and the authentication and context issues it raises before it is used. Call (800) 755-5174 to discuss your case.