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Can SMS be used as evidence?
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.
On the Burden of Proof and Authority of Article 64 of the Civil Procedure Law
The parties have the responsibility to provide evidence for their 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.
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