Don't you admit SMS evidence in court?

In the electronic evidence used at present, short messages can be accepted as evidence, but it is very difficult to determine the validity and cannot be used as final evidence alone. Based on the characteristics that mobile phone short messages are easy to modify and edit, and influenced by network, environment, technology and other aspects, it is easy to make mistakes. Therefore, the authenticity and reliability of short messages as evidence is an important basis for its probative power and the main aspect of its review.

First, in practice, the parties should pay attention to the following points when using mobile phone short message evidence:

1, there must be evidence to prove that the mobile phone number really belongs to the other party, and there is no case of being stolen or sending short messages by mistake.

2. The SMS in the inbox of the mobile phone that needs to be proved should be read-only and cannot be modified. Otherwise, the effectiveness of the evidence will be greatly reduced or even lost.

3. SMS is indirect evidence, so the parties should provide as much other evidence that is beneficial to them as possible so as to confirm each other. All the evidence is consistent, forming a complete, effective and rigorous chain of evidence, which makes it easier to prove the existence of facts.

4. You can apply to the court for evidence preservation. In the case that the evidence may be lost or difficult to obtain later, the participants in the proceedings may apply to the people's court for evidence preservation, and request the people's court to fix the content of the short message by means of inquests or making transcripts. In order to avoid the loss of SMS, you can apply to the court for evidence preservation immediately after filing a lawsuit.

5. Notarization can be done before litigation: the parties can ask the notary office to notarize the mobile phone message. The people's court shall take legal acts, legal facts and documents notarized through legal procedures as the basis for ascertaining facts. However, unless there is enough evidence to the contrary to overturn the notarial certificate. In this way, in order to prevent the loss of mobile phone short messages, we can notarize the mobile phone short messages after receiving them and before filing a lawsuit. The evidence effect of this notarization is far greater than the short messages themselves.

6. Attention should be paid to the legality of evidence collection methods and the integrity of evidence collection links, that is, the collection methods or procedures of evidence should be legal, so that there is no flaw in the formation of evidence.

Two, mobile phone text messages to become evidence must meet the following conditions:

1, you can clearly know or find out the real user or message sender of the corresponding mobile phone. Otherwise, it is impossible to determine the objectivity of the short message and its relevance to the facts to be proved.

2. The content of short message must be the expression of the ideological content of factual behavior or legal behavior related to the subject of information transmission.

3. The content of the short message must be fixed and known to others.

Legal basis: Article 50 of the Civil Procedure Law of People's Republic of China (PRC), all materials that can be used to prove the facts of a case are evidence. Evidence includes:

(1) Physical evidence;

(2) Documentary evidence;

(3) Testimony of witnesses;

(4) the victim's statement;

(5) confessions and excuses of criminal suspects and defendants;

(6) Appraisal opinions;

(7) Records of inquests, inspections, appraisals, investigations and experiments;

(8) Audio-visual materials and electronic data.

The evidence must be verified before it can be used as the basis for finalizing the case.