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How to use SMS evidence
How to use SMS evidence
First, SMS can be used as evidence to prove the facts of the case. According to the provisions of Articles 5 and 7 of People's Republic of China (PRC) Electronic Signature Law, "a data message shall not be accepted as evidence just because it is generated, sent, received or stored by electronic, optical, magnetic or similar means, and anything that can effectively indicate that its contents can be retrieved and used at any time; It can be reliably guaranteed that the content will remain intact and unchanged from the time it is finally formed and can be used as the original of the data message. " This electronic signature method provides a legal basis for the use of SMS as evidence.
Second, mobile phone short messages are the formal elements of evidence. The most direct way to use SMS as evidence is to ask the other party to show the content of SMS in court, but before that, other evidence needs to be provided to the court. Why do you ask the other party to show your personal belongings and information? This needs a legal basis. In the absence of other evidence, the other party can refuse to disclose his mobile phone message on the grounds that it involves trade secrets or personal privacy.
Third, the best way to fix the short message as evidence is to go to the notary office to notarize the content of the short message in advance, and the notary will open the short message on the spot and extract the content to make it a written text, so that the content of the short message extracted by the notary will be credible and will be adopted by the court. After notarization, even if the message is deleted by the other party, the court can use the notarized document of the notary office to identify it. When notarizing the contents of mobile phone short messages, we should also pay attention to recording the brand and model of mobile phones.
How to retrieve your short message as evidence?
1. You should keep the original text message in your mobile phone, take a photo and print it on the computer to get a copy of the text message.
2. The corresponding short message communication list or record should be obtained through the communication operator to prove the authenticity, specific communication time and communication object of the short message.
According to the law, SMS, as a form of electronic data, can be used as evidence in civil litigation.
code of civil law
Article 63 Evidence includes:
(a) Statements 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.
The Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC)
Article 116 Audio-visual materials include audio-visual materials and video materials.
Electronic data refers to information formed or stored in electronic media by means of e-mail, electronic data exchange, online chat records, blogs, Weibo, SMS, electronic signature and domain name.
Audio and video materials stored in electronic media shall comply with the provisions of electronic data.
It's okay for SMS to want evidence to be used in court, but other evidence is needed besides SMS, otherwise it's difficult to support your claim only by SMS as evidence. If you encounter some troubles when using mobile phone short message evidence, or you are not sure whether the evidence can be used, you can find a lawyer.
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