Superior Court Holds that Unauthenticated Text Messages Are Inadmissible.

Posted By Cliff Tuttle | September 28, 2011

No. 722

In a case of first impression, the Pennsylvania Superior Court has held that unauthenticated text messages are inadmissible.  The police had found text messages containing evidence of a drug deal on a defendant’s cell phone.  The Court held that it was hearsay without the same kind of authentication that is required for other documents.

Although this case involved criminal law, the same rule of evidence would apply in civil cases.

One way of authentication might be for the sender or recipient to identify the message on the witness stand.  In this case, obviously, neither party was willing to do so.

CLT

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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