Can SMS be used as evidence in litigation?

SMS, audio recording, video recording, etc. It can be used as evidence in litigation, but the proof of using them alone is of little effect and there are still some restrictions.

1. SMS, audio recording and video recording, etc. Try to keep the original carrier:

The Supreme People's Court's "Several Provisions on Evidence in Civil Proceedings" (hereinafter referred to as "Several Provisions") stipulates in Article 22: "When investigating and collecting audio-visual materials such as computer data or audio-visual recordings, investigators shall require the respondents to provide the original carriers of relevant materials. If it is really difficult to provide the original carrier, a copy can be provided.

2. SMS, audio recording, video recording, etc. Shall not infringe upon the privacy of others;

The scope of exclusion of illegal evidence in Article 68 of several provisions is limited to "evidence obtained by infringing upon the legitimate rights and interests of others or violating the prohibitive provisions of the law". The former includes evidence obtained by violating the legitimate rights and interests of others by means of detention or coercion, while the latter includes all evidence obtained by violating the prohibitive provisions of the law. Because of the particularity of marriage cases, such a way of obtaining evidence cannot be treated as illegal evidence. As long as it is not obtained through detention, coercion and other acts that seriously infringe upon the legitimate rights and interests of others, or by violating the prohibitive provisions of procedural law and substantive law, it should be considered that the evidence has evidential capacity.

Three, mobile phone text messages, audio, video and other evidence as far as possible not to use alone:

Audio-visual materials such as audio and video recordings can not be used as the basis for determining the facts of a case alone, but only supported by other evidence can they be used as the final evidence of the case. China's civil procedure law and judicial interpretation have provisions. For example, Article 69 of the Civil Procedure Law stipulates that "the people's court shall distinguish the authenticity of audio-visual materials and examine whether it can be used as the basis for ascertaining the facts in combination with other evidence in this case"; Article 69 of Several Provisions further clearly stipulates that "doubtful audio-visual materials" cannot be used as the basis for determining the facts of a case alone.