Text messages can be used as evidence in small claims court, but there are important criteria and steps to ensure their admissibility and effectiveness:

• Admissibility: Text messages are generally admissible in small claims court as they constitute written communication that can support or challenge claims. The rules of evidence in small claims court tend to be relaxed, so judges often admit text messages as evidence if they are relevant to the case.

• Relevance: The messages must be directly related to the facts of the case and have the potential to make a fact more or less likely.

• Authentication: You must prove that the text messages are genuine and were actually sent or received by the parties involved. Authentication can be done by:

  • The other party admitting the texts are theirs,
  • A witness who saw the messages,
  • Characteristics of the message itself,
  • Circumstantial evidence,
  • Reply authentication, where a reply message confirms the original message's authenticity.

• Preservation: It is crucial to save the entire conversation, including messages you sent, to preserve context and authenticity. Methods include taking screenshots or exporting the messages and emailing them to yourself.

• Presentation: When presenting text messages in court, print them clearly or display them on a device, ensuring the judge can see the sender, recipient, date, and time stamps.

• Hearsay Considerations: If you want the court to accept the statements in the texts as true, they may be considered hearsay. Text messages can be admitted if they fit within an exception to the hearsay rule.

In summary, text messages are a valuable form of evidence in small claims court if they are relevant, properly authenticated, and preserved. Judges in small claims courts are generally flexible with evidence, but following these steps will strengthen your case.