Just found out that some of my texts were used in court for character witness. I was not informed, asked or subpoenaed anything on usiy my text messages to this person who took them to court. Is this allowed?
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Any lawyers here
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Last: 5 yr ago by Geriatric Punk
Keeper of The Spirits
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I assume they were on someone else's device?
Yes I was in a conversation with this person and he saved the texts and use what I said in them in court.
Not a lawyer obviously (and the lawyers on here seem to get mad at "free" advice, but don't put anything in writing - pen/paper, text, email, etc. - or even voicemail - that you don't want coming out. It can be also taken out of context. It's awful the world we live in. In my world we no longer write anything by hand as a patient can cut off the bottom half of instructions and claim that's what was given to them. Everything we give that is in print essentially comes from a printout of a document we have an electronic copy with very good security protocols to show what was indeed given to the patient and when.Johnny2Fan said:
Yes I was in a conversation with this person and he saved the texts and use what I said in them in court.
Johnny2Fan said:
Just found out that some of my texts were used in court for character witness. I was not informed, asked or subpoenaed anything on usiy my text messages to this person who took them to court. Is this allowed?
I always understood a text as being legally free and open to share with anyone once it is sent... in other words, you don't really have a grievance here.
Why do you think this would be illegal? Conversations are not privileged unless a certain privilege applies and is claimed (attorney/client, clergy, etc.).
Must have been a horrible lawyer on the other side - that's blatant hearsay.
How? We would need to know the content of what was said and why it was offered, no?
It's ok Jeff. Nobody wants to see those pics anyways.
*Notta lawyer. Just don't want to see them.
*Notta lawyer. Just don't want to see them.
MousepadMarauder said:
Must have been a horrible lawyer on the other side - that's blatant hearsay.
Not necessarily. Depends what they're trying to show.
My sister was in court vs a guy who was in charge of selling our dad's estate. He was selling things to his friends at a low price and my sister found out about it. She also didn't know how things worked and I sent some texts to this guy saying she's new to all that and she can be stubborn. So he used my texts against her in Court. Without any notification to me.
Lawyer here. The answer is it depends.
Don't send texts that you don't want read in court.Johnny2Fan said:
My sister was in court vs a guy who was in charge of selling our dad's estate. He was selling things to his friends at a low price and my sister found out about it. She also didn't know how things worked and I sent some texts to this guy saying she's new to all that and she can be stubborn. So he used my texts against her in Court. Without any notification to me.
MAS444 said:
Lawyer here. The answer is it depends.
Is there ever a different answer?
Sandman98 said:MAS444 said:
Lawyer here. The answer is it depends.
Is there ever a different answer?
That also depends
Keeper of The Spirits
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From my experience, In litigation, once you sent them you lost most any right to them unless the other person was your doctor, lawyer or spouse. It can be validated that it came from you through a number of methods. Additionally since it was a conversation a defense where you suggested your number was spoofed wouldn't work. Text messages and email are commonly used in litigation.
Validating who it came from, in and of itself, doesn't have much to do with whether it's hearsay or not.
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Yes you are correct edited
ThunderCougarFalconBird
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Using the text is likely to be perfectly legal. Whether they are admissible as evidence is a completely different question. Good luck to whatever pettifogger just showed up with some texts from a device and no real plan for authenticating them or getting them into the record.
I love using text/email as evidence. My favorite though is social media. You wouldn't believe how many people think Facebook, Instagram, Twitter, etc posts are private. Social (community, group) media (communinication, published) by it's very definition/purpose is not private or privileged.
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Our employment law guys have a paralegal whose job is basically to snoop on social media. It's amazing how fast some of those cases go away the second you pull a picture of an injured employee skydiving off of facebook the day after they showed up to a deposition in a neck brace.
You wouldn't believe the things I've found. 90% of alleged personal injuries involve neck or back claims. I've caught "injured" people doing awkward modeling cat-crouched poses, tree climbing, mountain climbing, CrossFit, flag football playoffs, basketball playoffs, bronc riding, bragging about throwing out their back for cash while waving a stack of 20s, admitting "they can't blame anyone but [themselves]" for their own injuries, seeking prayers for a different serious rollover accident or other single-vehicle accident when mine is a slow-speed fender bender, etc.
I can't help it...
Unless it was offered for impeachment purposes.MousepadMarauder said:
Must have been a horrible lawyer on the other side - that's blatant hearsay.
Or as mitigation during a sentencing. Or as an exhibit during a hearing with relaxed evidentiary rules. Or a myriad of other reasons it could be presented for one reason or another.Sarge 91 said:Unless it was offered for impeachment purposes.MousepadMarauder said:
Must have been a horrible lawyer on the other side - that's blatant hearsay.
Life's an endless party, not a pushcart.
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