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What is the evidentiary effect of text messages?
With the advancement of communication technology, some people who have had extramarital affairs communicate through mobile phone text messages. So what is the evidence validity of text messages? I will sort out these aspects for you, hoping to help. To you, everyone is welcome to browse, thank you. What is the evidentiary effect of text messages? Take divorce cases as an example of the evidentiary effect of text messages: It is quite common for text messages to be used as evidence for parties in divorce cases. For example, prove that the other party is having an affair, or prove the previous relationship of property, etc. The courts have not yet formed a general understanding of the validity of text messages, and domestic courts rarely make representative judgments on this issue. However, with the popularity of receipts, courts have to study the legal theory and practical issues of the validity of text messages as evidence. Mobile phone telecommunications is different from email. Mobile phone text messages have the characteristics of authenticity, objectivity, difficulty in modification, and the closed nature of flash memory. At the same time, the content of text messages is not easy to be attacked. General mobile phone functions cannot modify the content of text messages. In addition, mobile phone text messages are related in two aspects: 1. Each mobile phone number can only send and receive text messages on one mobile phone, which induces new people’s mobile phone numbers to have time, content, and some names. The mobile phone number found in the text message content is related to the case; 2. The two numbers are designated for sending and receiving and are corresponding. From the perspective of the legality of mobile phone text messages, you must pass the legal network access procedures and use the mobile phone legally. The text messages received by the mobile phone are legal evidence. Therefore, if the following conditions are met, the court still has basis to use text messages as valid evidence. First, ensure that mobile text messages are not deleted and are always saved in the mobile phone storage space or memory card. Second, fix the content of the text message on the mobile phone and ask the staff of the notary office to notarize it, extract it into written text, and notarize it to make it have strong proof effect. At the time of notarization, the notary office should provide the brand and model of the hangar mobile phone for later verification. The evidence submitted in this way should be overturned only if the other party provides stronger evidence. In most cases, the notarized materials from the notary public will be accepted by the court. Third, after the lawsuit is filed, notarized documents or fixed mobile phone text message evidence will be handed over to the court, or a judge will examine the contents of the mobile phone and make a transcript on the spot. When taking notes, you should also note the model and brand of your mobile phone. Except for a few models of mobile phones where the text message content can be modified, the content of most collected text messages currently available on the market cannot be modified.
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