Blog

Authenticating Text Messages, in an Orlando, Florida Area Case

How do you authenticate texts messages so that you can get them into evidence during an Orlando, Florida area case? Florida Statues 90.901 provides authentication or identification of is required as a condition precedent to its admissibility. The requirement of the section is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims. 

In determining whether the evidence submitted is sufficient for this purpose of authentication, the trial judge must evaluate each instance on its own merits, there being no specific lifts list of requirements for each such determination. 

Evidence may be authenticated by appearance, content, substance, internal patterns, or other distinctive characteristics taken in conjunction with the circumstances. In addition, the evidence may be authenticated either by using extrinsic evidence, or by showing that it meets some the requirements for self-authentication. 

Testimony that a person received a text or email from another person is not sufficient by itself to authenticate the identity of the sender. Other factors can circumstantially authenticate the text. 

Circumstances recognized as sufficient to meet the test of authenticity include when a letter is written disclosing information which is likely known only to the purported author. 

Authentication for the purpose of admission is a relatively low threshold that only requires a prima facie showing that the proper evidence is authenticated. 

Evidence may be authenticated by its appearance, contents, substance and internal patterns, or other distinctive characteristics taken into consideration in conjunction of the circumstances. 

Authentication for purposes of admission is a relatively low threshold that only requires a prima facie showing that the proffered evidence is authenticated. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https//:www.AnnMarieGildenLaw.com; and check me out on these other sites: Ann Marie Giordano Gilden on Facebook; Ann Marie (Giordano) Gilden on Linked In; and Ann Marie Giordano Gilden on AVVO and Lawyers.com. 

This article is for informational purposes only; and it does not form an attorney-client privilege.