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Can cell phone text messages be used as evidence?
Mobile text messages can be used as evidence.
Among the electronic evidence currently used, text messages can be admitted as evidence, but it is very difficult to determine the effectiveness and cannot be used alone as final evidence. You should pay attention to the following points:
1. There must be evidence to prove that the mobile phone number does belong to the other party, and that it has not been stolen or sent text messages by mistake.
2. Text messages are indirect evidence, so the parties involved should provide as much other evidence that is beneficial to them as possible to corroborate each other. If all evidence is consistent and forms a complete, effective, and tight chain of evidence, it will be easier to achieve the effect of proving the existence of facts.
3. Notarization can be carried out before litigation: According to Article 67 of the "Civil Procedure Law", the parties can ask the notary office to notarize the mobile phone text messages. Legal acts, legal facts and documents that have been notarized and certified through legal procedures shall be used by the People's Court as the basis for determining facts. However, this is excepted if there is contrary evidence sufficient to overturn the notarial certification. In this way, in order to prevent the loss of mobile phone text messages, the mobile phone text messages can be notarized after receiving them and before filing a lawsuit. The evidentiary effect of this notarization is far greater than the text messages themselves.
4. Pay attention to the legality of evidence collection methods and the integrity of evidence collection links, that is, the evidence collection methods or procedures must be legal so that there are no flaws in the formation of evidence.
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