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How can SMS records be used as evidence?
When mobile phone short messages are used as evidence, they should be presented in court, and relevant information such as the content of short messages, sender (receiver), sender (receiver) time, storage place and so on should be extracted in writing as part of the court record. The evidential party may also voluntarily apply for short message notarization and present notarized documents as evidence. The mobile phone short messages that meet the requirements of "three characteristics" of evidence after examination by the court can be used as the basis for finalizing the case. The court's review of such evidence includes:
(1) Review the sender and recipient (name and mobile phone number) and the sending and receiving time; The relationship between the sender, the recipient and the parties to the case;
(2) Check whether the location of the short message has changed and whether the sent (received) information is still in the send (received) box;
(3) Check whether the content of the short message is complete, whether it contradicts other evidence, and whether it is related to the facts to be proved;
(4) If necessary, you can apply to the telecom operator for certification or investigation.
legal ground
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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