Legal Question in Appeals and Writs in Virginia
are text messages admissable in court/virginia- I am appealing a case that was dismissed in general district court for lack of evedence (on my part) and was wondering if a text message can be admissable in court as evedence
Asked on 2/23/12, 7:17 am
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
There is no rule against using text messages as evidence. But such messages are usually hearsay, and are treated like any other hearsay. To be admitted, they must fall within one of the many exceptions to the hearsay rule.
They also must be relevant to one of the issues being tried, must not be unduly prejudicial, etc. And they must be properly authenticated. These are the same criteria by which other types of evidence are measured; there are no special rules for text messages.
Answered on 2/23/12, 2:30 pm
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