Legal Question in Civil Litigation in California

Re: Using Saved Instant Messages for Court? Against the LAW? Or Not?

Instant messages may be offered into evidence, though whether they get in depends upon their relevance, foundation, any prejudice they might cause, etc.. This is the same way other evidence is treated.

Recording of telephone calls without permission is illegal, but instant messenger sessions and chat sessions are a different matter. These sessions are automatically recorded on your computer, at least temporarily, and no one has any right to expect that a participant will delete them when the session is finished.

In your particular case, the problem will be that the transcripts are hearsay. If you had a chat with the defendant herself in which she admitted owing the debt you would be on solid ground, but instead you have evidence that a third party says she owes the money. Such evidence is normally kept out because there is no way to cross-examine the person who made the statements.

If you can bring this man to court (you may be able to do this if you subpoena him with reasonable advance notice), he should be allowed to testify about statements the woman made in which she acknowledged her debt. Such testimony is also hearsay but would be admissible under two different exceptions to the hearsay rule -- as an admission and as a prior inconsistent statement.

Good luck.

Re: Using Saved Instant Messages for Court? Against the LAW? Or Not?

If you were in a court other than small claims, you would have a hearsay problem -- that her ex told her that she knows she should pay. It's not as reliable as her writing that she knows she should pay you. However, it also is an admission. Can you get the ex to testify as your witness? Bring them with you. There is no expectation of privacy in an instant message on the Internet, and it's certainly not a crime to use written documents as evidence, no matter how potentially unreliable that evidence may be.

P.S. If she already testified about this in court, what proceeding are you asking about? Plaintiffs are not entitled to appeal a small claims judgment against them. Good luck to you!