Can SMS chat records be used as legal evidence?

Legal analysis: Yes. Short message chat record is electronic data, which refers to information formed or stored in electronic media by means of e-mail, electronic data exchange, online chat record, blog, Weibo, SMS, electronic signature, domain name, etc.

Legal basis: Article 63 of the Civil Procedure Law of People's Republic of China (PRC). Evidence includes: (1) 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. Evidence must be verified before it can be used as a basis for ascertaining facts.

Article 116th of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC) includes 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.