Conditions of SMS as evidence

Text messages can be used as evidence. According to Item 5 of Article 63 of the Civil Procedure Law, data messages belong to one kind of evidence, and mobile phone short messages belong to one kind of data messages, so mobile phone short messages can be used as evidence. However, SMS as evidence has its inherent shortcomings, because the registrant of sim card is not necessarily the same person as the actual user, and the content of SMS can be edited, so SMS as evidence must be cross-examined in court. In order to ensure the probative power of SMS as evidence, the best way is to preserve the evidence by notarization. To do a good job of notarization evidence preservation of mobile phone short messages, we should start with the sending and receiving of short messages. Mobile phone short messages preserved by notarized evidence have legal probative force.

Legal objectivity:

The evidence in Article 66 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.