Text messagescan provide important evidence in all types of legal proceedings. The key is to know when and how to receive these messages.
Text messaging statistics in the United States
OfStatisticsof text messages in the US every day is staggering. Recent research has shown the following:
- 81% of the US population (259 million people) write every day
- The average person in the US sends 32 text messages per day
- More than 781 billion text messages are sent every month
- More than 26 billion text messages per day,
- More than 9.3 trillion text messages come from the United States every year.
The numbers are increasing every year as more and more businesses, schools and organizations use text messaging as a primary source of communication.
Furthermore, these figures do not include in-app messages, Facebook messages or the large number of WhatsApp texts sent every day.
Common ways to use text messages in lawsuits
Lawyers and litigants can win or lose their cases through these messages. Uslaw firmregularly use these strategies to secure large personal injury settlements.
Ipersonal damagecases involvingcar accidents,collisions with motorcycles, Intruck crashes, an attorney can discover whether a driver was distracted during an accident.Texting while drivingis a leading cause of motor vehicle accidents in the United States. Many states have specific laws that prohibit a driver from texting in a moving vehicle. Messages and records are also used to show who was contacted by the drivers immediately after the accident and this can be used to identify potential other fact witnesses.
In cases involving awrongful death, text messages can be used to show the last words or exchanges just before a fatal accident.
In addition, in-house lawyers in contested divorce cases. This can impact asset settlements, custody disputes, and parenting time. Text messages can be important evidence in a divorce case when allegations of infidelity are made against one or both spouses.
Commercial lawyers rely heavily on text communications in commercial disputes. Examples of this are the break-up of companies, shareholder conflicts and employment relationships. In employment cases, text messages are often the key evidence in cases involving wrongful dismissal, sexual harassment and other forms of discrimination.
Finally, text messages are also very important in criminal cases to provide a timeline of events. They can also provide a means and motive or help confirm an alibi. Criminal lawyers can have the charges dropped or win an acquittal during the trial through text messages.
This way you will receive text messages if you are summoned
Nowadays, more people communicate via text messages than via phone calls. Unlike unrecorded phone calls, text messages convey the word of the party.
However, these communications are rarely voluntarily produced by a party or even obtained through simple discovery requests. Obtaining invoice information and actual texts is often quite a task, especially if they are harmful to a party's case.
When a party does not provide the information, the primary option is to serve a subpoena on the cell phone carrier. Federal law prohibits companies from producing these documents without a court order or subpoena.
Text messages must be obtained from a party's cell phone provider. An attorney can obtain a court order or subpoena to obtain the documents directly from the service provider. However, there are limitations to what the provider can produce. Federal law distinguishes between "content of the communication" and "documents relating to the communication."
Typically, mobile service providers track the contents of text messages for a very short period of time. For example,AT&T wirelessconverts customers' mobile SMS signals into internet data stored in the cloud, where it remains for 90 days before being deleted. Once deleted, the content is generally considered lost.
The only possible way to recover lost or deleted text messages is to hire a forensic investigator to inspect the phone. This can be very expensive, but it is worth it if important information is obtained. These experts also help lay the necessary foundation for the court's assumption during a court hearing or trial.
How to get our free subpoena text guide
Text messages leave an electronic record of the dialogue that can be entered as evidence in court. Like other forms of documentary evidence, text messages must be verified before they can be recorded.
Buckfire enthusiasthas published an easy-to-read guide to help litigants understand the strict compliance procedures. The guidance also describes important factors and obstacles that a court must consider when issuing a subpoena to receive text messages.
This step-by-step subpoena guide also includes a list of contact information for all major telephone companies, including:
The 16 pagesFREEsubpoena guide reveals:
- How to Subpoena Text Messages
- Requests for customer information
- How to use text records as evidence
- Problems receiving text messages
- How to serve the summons
- Example of a plunder letter
- Cell Phone Subpoena Instructions
- Example of a summons form
To receive your free copy of "How to Subpoena Text Messages” guide, simply fill out the form below.
After submitting your information, you will immediately receive a digital copy of the report by email. You can download and print it as a good desktop reference.
