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Does SMS count as evidence of divorce?
Text messages can be used as evidence. The objectivity of evidence means that evidence exists objectively as an objective legacy of the facts of the case that has happened, and has nothing to do with people's subjective will. The objectivity of evidence requires that the mobile phone short message must truly reflect the facts of the case and the content of the mobile phone short message should not have been deleted; The relevance of evidence means that evidence must be related to the facts of the case or other controversial facts that need to be proved. Specific to mobile phone short messages, because each mobile phone number corresponds to a unique user, mobile phone short messages can only be sent and received between two specific mobile phone numbers. In the absence of other evidence to the contrary, the sending and receiving of short messages between two specific mobile phone numbers can be regarded as the communication behavior of two specific users at a specific time. Article 64 of the Civil Procedure Law: Burden of Proof and Authority The parties have the responsibility to provide evidence for their own claims. The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case. The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.
Legal objectivity:
The evidence in Article 63 of the Civil Procedure Law of People's Republic of China (PRC) includes: (1) the statement of the parties; (2) Documentary evidence; (3) Physical evidence; (4) Audio-visual materials; (5) Electronic data; (6) Testimony of witnesses; (7) Appraisal opinions; (8) Records of the inquest. Evidence must be verified before it can be used as a basis for ascertaining facts.
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