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What should I pay attention to when using SMS as evidence?
When using SMS as evidence, we should pay attention to the following points:
(1) There must be evidence to prove that the mobile phone number is really owned by the other party, and there is no case of being stolen or sending short messages by mistake;
(2) Need to prove that the SMS in the inbox of the mobile phone should be a read-only file and cannot be modified. Otherwise, the effectiveness of the evidence will be greatly reduced or even lost;
(3) SMS is indirect evidence, and the parties should provide other evidence that is beneficial to them as much as possible to confirm each other. All the evidence is consistent, forming a complete, effective and rigorous evidence chain, so it is easier to achieve the effect of proving the existence of facts;
(4) SMS can be notarized as needed. The parties may request the notary office to notarize the short message of the mobile phone. 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 order to prevent the short message from being lost or difficult to obtain in the future, the short message can be notarized before prosecution to prove the existence of objective facts;
(5) You can apply to the court for evidence preservation. In the case that the evidence may be lost or difficult to obtain later, the parties 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, making transcripts, etc. In order to avoid the loss of mobile phone short messages, you can apply to the people's court for evidence preservation after filing a lawsuit;
(6) The means of obtaining evidence should be legal, and the links of obtaining evidence should be complete. That is, the collection methods and procedures of evidence should be legal, and the privacy and other legal rights of others should not be infringed, so as to make the formation of evidence as seamless as possible. As the carrier of facts, evidence must be related to facts to a great extent in order to prove facts.
If you can ask more specific questions, you can give more detailed answers.
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