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Tuesday, April 12, 2016

Are texts allowed in as evidence in court?


My ex is trying to use texts against me in court, which may have been alttered. Are texts considered in court ?

Asked 17 minutes ago - Norwalk, CT
Practice area: General Practice
Going through a divorce

ATTORNEY ANSWERS (1)



  1. Answered Texts may be allowed in court under the rules of evidence. They may not be used if they are hearsay and do not fall under any of the hearsay exceptions. They are also not allowed in if their probative value does not exceed their prejudicial value. If they are allowed in then your attorney has the opportunity to bring up the truthfulness. If you are able to demonstrate that these texts were fabricated, then the party that presented them could be guilty of perjury of fabrication of evidence, which carries a steep penalty.
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