When Can I Admit Text Messages into Evidence in Utah Trials?
Admitting text messages into evidence during a trial in Utah hinges on establishing proper legal foundation and adherence to Utah Rules of Evidence. If you’re seeking to admit critical or controversial text messages, here’s an overview of the steps and considerations necessary to ensure they are allowed into evidence.
Can You Admit Text Messages?
Short Answer: Yes, text messages can be admitted into evidence, but they must meet foundational requirements under Utah law. The Utah Court of Appeals recently clarified the admission of text messages in State v. Ricky Eugene Sandoval, 2024 UT App 186.
Rules for Admission of Text Messages
The court in the Sandoval case outlined several key points about admitting text messages into evidence:
- By Stipulation:
If both parties agree, text messages can be admitted without further authentication. - Over Objection:
If a party objects, the proponent of the messages must satisfy Utah Evidence Rule 901(a) by making a prima facie showing that the text messages are what they claim to be. - Authentication Standard:
- Conclusive proof is not required for authentication.
- A prima facie showing through evidence or testimony is sufficient to allow the messages to be considered.
- Circumstantial Evidence Allowed:
Text messages can be authenticated using circumstantial evidence, making it easier to establish their connection to a party.
Foundational Testimony for Text Messages
To meet the foundational requirements, the following caselaw examples of testimony are commonly used to authenticate text messages:
- Ownership of the Phone:
Testimony about who owns the phone sending and receiving the messages. - Phone Numbers:
Testimony confirming the phone numbers involved in the messages belong to the relevant parties. - Possession of the Phone:
Evidence showing that the alleged sender or receiver had control or possession of the phone at the relevant time. - Use of the Phone:
Statements or actions that link the defendant or victim to the phone in question. - Dates and Times:
Information about when the text messages were sent or received, verifying their relevance to the case.
Key Utah Case Law on Admitting Text Messages
The following cases and rules provide guidance on the admission of text messages in Utah:
- State v. Sandoval20241219_20220620_186:
Clarified the foundational requirements and use of circumstantial evidence for authentication. - State v. Welsh, 2022 UT App 112, ¶ 36:
Highlighted the role of foundational testimony and the standard for a prima facie showing. - State v. Otkovic, 2014 UT App 58, ¶ 22:
Discussed circumstantial evidence for authenticating electronic communications. - Utah Evidence Rules:
- Rule 901: Establishes the need for authenticating or identifying evidence.
- Rule 902: Lists evidence that is self-authenticating.
- Rule 903: Discusses when subscribing witness testimony is required.
Steps to Admit Text Messages into Evidence
- Gather Evidence:
- Ensure the text messages are preserved in their original form (screenshots, printouts, or forensic copies).
- Prepare Foundational Testimony:
- Secure witnesses who can testify about phone ownership, usage, and possession.
- Ensure clarity about the dates, times, and context of the messages.
- Establish Authenticity:
- Use circumstantial evidence, such as the content of the messages, familiarity with the sender’s writing style, or references to known events.
- Address Objections:
- Be ready to counter claims that the messages are fabricated, taken out of context, or irrelevant.
- Meet Procedural Requirements:
- Ensure the messages are disclosed to the opposing party during discovery and presented in a format acceptable to the court.
FAQs About Admitting Text Messages
- Can text messages alone be sufficient evidence in court?
Yes, if authenticated and relevant to the case, they can serve as strong evidence. - What if the opposing party claims the messages are fake?
Authentication through circumstantial evidence and expert testimony (e.g., forensic analysis) can address such claims. - Can deleted messages still be admitted into evidence?
Potentially, if retrieved through forensic recovery and authenticated. You will need an expert witness ready to testify on the retrieval process. - What happens if a phone is unavailable?
Testimony, screenshots, or other corroborating evidence can still be used to establish authenticity. - Are messages from messaging apps (e.g., WhatsApp) treated differently?
No, the same foundational rules apply, though additional technical evidence may be required. - Is consent needed to use another person’s text messages in court?
Not necessarily, but proper foundation and adherence to discovery rules are critical.
A good defense starts from a good investigation. Call/TXT Utah Criminal Defense Attorney Jake Gunter (801) 373-6345.