How to Authenticate Text Messages for Court?

There is no single method that must be used in every case. Courts can consider different types of evidence when determining whether text messages are authentic.

1. Testimony From the Sender or Recipient

One of the most straightforward ways to authenticate text messages is testimony from someone with personal knowledge of the conversation.

For example, a person who received the messages could testify:

They communicated with the sender by text.
The telephone number belonged to the sender.
They recognized the sender’s phone number.
They participated in the conversation.
The messages shown in court accurately reflect the messages they received.

Illinois Rule of Evidence 901(b)(1) specifically recognizes testimony from a witness with knowledge as a method of authentication.

Illinois courts have also recognized that the testimony of the author or recipient can provide an adequate foundation for text messages.

In People v. Price, for example, the Illinois Appellate Court held that text messages could be authenticated through testimony from the defendant’s brother, who recalled communicating with the defendant and generally confirmed the content of the messages. Records from the cellular carrier provided additional corroboration.

2. Establishing the Telephone Number

A phone number alone does not necessarily prove who wrote a message.

Someone else could potentially have access to another person’s phone, account, or messaging application.

For that reason, attorneys may use additional evidence connecting the telephone number to the alleged sender.

That evidence could include:

The recipient’s prior communications with the person
The person’s identification of themselves
The person’s use of information known to the recipient
Other communications from the same number
Phone records
Testimony about ownership or possession of the phone
Circumstantial evidence connecting the sender to the messages

The stronger the connection between the number and the alleged sender, the easier it may be to establish authenticity.

3. Using the Content of the Messages

The content itself can sometimes help establish authenticity.

This is known as authentication through distinctive characteristics or circumstantial evidence.

Illinois Rule of Evidence 901(b)(4) allows authentication based on the appearance, contents, substance, internal patterns, or other distinctive characteristics of an electronic communication when considered together with the surrounding circumstances.

For example, a message may contain:

Private information known only to the sender and recipient
References to a previous conversation
Details about an event
Knowledge of a location
Information about an accident
Personal references
Information that would be unlikely to come from a stranger

These characteristics can help connect the message to the person alleged to have sent it.

The Illinois Supreme Court has recognized that electronic communications such as text messages can be authenticated through circumstantial evidence.

4. Producing the Original Phone

When possible, preserving the actual device containing the messages can provide useful supporting evidence.

The phone may contain information such as:

The conversation thread
Contact information
Phone number
Dates and times
Related messages
Other communications surrounding the disputed message

That does not mean the physical phone is always required.

In fact, Wisconsin law specifically recognizes that screenshots can qualify as originals when they accurately reflect data stored on a phone or similar device.

Still, preserving the original device can make it easier for an attorney or expert to investigate questions about authenticity if the opposing party challenges the messages.

5. Using Carrier or Provider Records

Phone carrier records can sometimes provide independent evidence that messages were exchanged between particular numbers.

For example, carrier records may help establish:

That two numbers communicated
The date of communications
The time of communications
The identity associated with an account
Other information concerning the communication

Carrier records do not necessarily establish the exact content of a message, but they can corroborate testimony and other evidence.

In People v. Price, Illinois courts considered Sprint records showing that messages were exchanged between the defendant’s number and his brother’s number as corroborating evidence supporting authentication.

6. Using Circumstantial Evidence

Authentication does not always require a witness to say, “I personally watched this person type this exact message.”

Courts can consider circumstantial evidence.

For example, a combination of:

The phone number
The content of the messages
The surrounding conversation
The recipient’s knowledge of the sender
The timing of the messages
Other communications
Records from a carrier or messaging service

may provide enough evidence to establish authenticity.

Illinois courts have repeatedly recognized circumstantial evidence as a legitimate way to authenticate electronic communications.

Wisconsin has taken a similar approach.

How to Authenticate Text Messages in Illinois?

Illinois Rule of Evidence 901 establishes the general authentication standard.

Under Rule 901(a), authentication is satisfied by evidence sufficient to support a finding that the matter is what its proponent claims.

Rule 901(b) provides several illustrations of acceptable authentication methods, including:

Testimony from a witness with knowledge
Comparison with authenticated material
Distinctive characteristics
Identification of voices
Evidence concerning telephone communications
Evidence describing a process or system that produces an accurate result
Other methods provided by law or rule

The Illinois Supreme Court has confirmed that these principles apply to electronic communications.

In People v. Brand, the Illinois Supreme Court discussed the authentication of electronic communications and recognized that text messages, emails, social media messages, and similar communications can be authenticated through traditional methods, including circumstantial evidence and distinctive characteristics.

Illinois Courts Do Not Require a Special Authentication Rule for Texts

Text messages are generally treated like other documentary evidence for authentication purposes.

The Illinois courts have explained that a party needs a rational basis from which the fact finder can conclude that the document belongs to or was authored by the person alleged to have created it. The question of authenticity can ultimately be contested by the opposing party after the basic foundation has been established.

This means a party does not necessarily have to prove every technical detail about how a text message traveled from one phone to another before the message can be considered.

Example of Authentication in an Illinois Personal Injury Case

Imagine that a driver sends a text message to another person shortly after an accident stating that they were looking at their phone immediately before the crash.

The recipient could potentially authenticate the message by testifying that:

They received the message from the defendant’s known phone number.
They had communicated with that person using the same number previously.
The conversation occurred shortly after the accident.
The contents referred to facts known to the sender and recipient.
The screenshot accurately reflects the message they received.

Additional evidence, such as phone records, could provide further support.

Whether the message is ultimately admissible would depend on the circumstances and any additional evidentiary objections.

How to Authenticate Text Messages in Wisconsin?

Wisconsin Statute §909.01 provides that authentication or identification is satisfied by evidence sufficient to support a finding that the matter is what the proponent claims it is.

Wisconsin law expressly recognizes that authentication can be established through circumstantial evidence.

This is particularly important for text messages because proving exactly who physically typed every message is not always practical.

Wisconsin Case Law on Text Message Authentication

Wisconsin courts have directly addressed the authentication of text messages.

In State v. Giacomantonio, the Wisconsin Court of Appeals explained that text message authentication is a relatively low threshold and can be satisfied through testimonial and circumstantial evidence. The court also concluded that text messages do not require an entirely new authentication framework simply because they are electronic communications.

This means evidence such as the following can potentially help establish authenticity:

Testimony from the recipient
Knowledge of the sender’s phone number
The content of the messages
The surrounding circumstances
Other communications
Evidence connecting the phone to the alleged sender

Can Screenshots of Text Messages Be Used in Wisconsin Courts?

Yes, potentially.

Wisconsin law provides that duplicates can generally be admitted to the same extent as originals unless a genuine question exists concerning the authenticity of the original or admitting the duplicate would be unfair.

Wisconsin Statute §910.03 specifically provides that a duplicate is not inadmissible merely because it is in electronic format.

In Giacomantonio, the court addressed screenshots of text messages and explained that screenshots could qualify as originals when they accurately reflected data stored on the phone. The court also rejected the argument that the state necessarily had to produce the phone itself or a forensic printout simply because screenshots were being offered.

That does not mean every screenshot will automatically be admitted. The authenticity of the particular evidence and the circumstances of the case still matter.

Are Screenshots of Text Messages Admissible in Court?

Screenshots can potentially be admitted, but a screenshot by itself is not necessarily enough to establish authenticity.

A screenshot can be challenged because someone could theoretically:

Crop the conversation
Delete messages
Alter an image
Change contact information
Manipulate dates or times
Present only selected portions of a conversation

The question is therefore not simply whether the image looks like a text message.

The question is whether there is sufficient evidence showing that the screenshot accurately represents the underlying communication.

In Wisconsin, courts have specifically recognized screenshots as potentially admissible when properly supported by evidence.

Illinois likewise permits authentication through testimony and distinctive characteristics rather than requiring a particular technological method in every case.

How to Preserve Text Messages for Court?

If you believe text messages may become important evidence in a personal injury case, preservation should begin as soon as possible.

1. Do Not Delete the Messages

Avoid deleting the conversation even if you believe you have already saved screenshots.

The original conversation may contain information that becomes important later.

2. Keep the Original Phone

If possible, preserve the phone on which the messages were received or sent.

Do not reset the phone or replace it without first discussing preservation with your attorney if litigation is anticipated.

3. Take Complete Screenshots

If you take screenshots, avoid capturing only the one message that supports your position.

Preserve enough of the conversation to provide context.

Depending on the circumstances, that may include:

Earlier messages
Later messages
The sender’s information
Date and time information
The surrounding conversation

4. Preserve the Entire Conversation

A single screenshot can leave important questions unanswered.

For example, a person might quote or respond to a previous message that is not included in the screenshot.

Preserving the entire conversation can help prevent disputes about whether the evidence was selectively presented.

5. Keep Multiple Copies

Important electronic evidence should not exist in only one location.

Depending on the circumstances, copies may be preserved through:

Secure digital storage
A computer
A cloud account
Exported conversation records
Other appropriate preservation methods

However, avoid repeatedly manipulating or editing the files.

6. Keep the Metadata When Possible

Metadata can contain information about a digital file, including information about how or when it was created or modified.

While metadata is not required to authenticate every text message, preserving available technical information can become useful if authenticity is disputed.

7. Tell Your Attorney How the Messages Were Obtained

Do not simply send your attorney a folder containing screenshots without explaining their source.

Tell your attorney:

Which phone contained the messages
Who sent them
Who received them
When the messages were exchanged
How the screenshots were created
Whether messages were deleted
Whether the phone has been replaced
Whether the conversation exists on another device

This information can help your attorney determine the best way to establish authenticity.

Can Deleted Text Messages Be Used as Evidence?

Potentially, yes.

Deleting a text message from a phone does not necessarily mean that every copy of the message has disappeared.

Depending on the circumstances, relevant information may exist on:

The recipient’s phone
The sender’s phone
A computer
A cloud account
A messaging platform
A cellular carrier’s records
Backups
Other electronic devices

Illinois courts have considered cases involving deleted text messages. In People v. Price, the court addressed evidence of deleted text messages and considered testimony from the recipient together with carrier records when determining whether the messages were properly authenticated.

Whether deleted messages can ultimately be recovered or admitted depends on the circumstances.

If litigation is pending or reasonably anticipated, deleting relevant communications can create serious evidence-preservation issues.

What If Someone Deletes or Destroys Relevant Text Messages?

If the opposing party deletes potentially relevant communications after a duty to preserve evidence has arisen, the issue may become one of spoliation of evidence.

The consequences depend on the circumstances and applicable procedural and evidentiary rules.

Important questions may include:

When did the person know about the potential claim?
Was litigation reasonably anticipated?
Did the person have a duty to preserve the messages?
Were the messages intentionally deleted?
Could the messages be recovered elsewhere?
Did the deletion prejudice the opposing party?

These issues can become particularly important in litigation involving businesses, employers, insurance companies, or other parties that may have established document-retention systems.

Do not attempt to recover or investigate potentially deleted evidence by accessing someone else’s device or account without legal authorization.

Authentication vs. Hearsay: What’s the Difference?

These two concepts are often confused.

Authentication

Authentication asks:

Is this actually the text message you claim it is?

Hearsay

Hearsay generally asks:

Are you offering an out-of-court statement to prove that what the statement says is true?

The two issues are separate.

A text message could be properly authenticated but still raise a hearsay objection.

For example, suppose a witness produces a genuine text message stating:

“The floor was wet before the accident.”

The message may be authentic, but the court may still need to determine whether the statement is being offered for its truth and, if so, whether an exception or other rule permits its admission.

Illinois Rule 801 defines hearsay and Rule 802 generally excludes hearsay unless an applicable rule provides otherwise.

Wisconsin similarly provides that hearsay is generally inadmissible unless permitted by its evidence rules or another applicable rule or statute.

Text Messages Sent by the Opposing Party

In some circumstances, a person’s own statements may be treated differently from statements made by other people.

For example, Wisconsin’s hearsay rule identifies certain statements by a party opponent as statements that are not hearsay under the rule.

Illinois Rule 801(d) similarly addresses statements that are not hearsay, including admissions of a party-opponent.

The precise analysis depends on who made the statement, why it is being offered, and the circumstances surrounding the communication.

Why the Full Conversation Matters?

One of the most common problems with text-message evidence is context.

A screenshot might show:

“Yes, I knew about it.”

But the messages immediately before or after that statement could change its meaning.

For this reason, preserving the complete conversation can be important.

A party should be cautious about presenting isolated screenshots when a longer conversation exists.

Courts may also consider rules concerning completeness and related statements when only part of a communication is offered.

The goal should be to preserve the evidence in a way that accurately represents the original communication rather than selecting only the portions that appear favorable.

Can Text Messages Help Prove a Personal Injury Case?

Yes. Depending on the facts, text messages can help establish important elements of a personal injury claim.

Establishing Notice

A text may show that a property owner, employer, business, or other party knew about a dangerous condition.

For example:

“Someone needs to clean up that spill.”

If the message was sent before an accident, it could potentially help establish when someone became aware of the condition.

Whether it is ultimately admissible and what it proves would depend on the circumstances.

Establishing a Timeline

Text messages can provide dates and times associated with events.

They may help establish:

When an accident occurred
When someone arrived or left
When a hazard was reported
When medical treatment was discussed
When a person was notified about an incident

Establishing Admissions

A defendant’s own statements can sometimes be particularly important.

For example, a message acknowledging that a person was aware of a dangerous condition may be relevant to a negligence claim.

Establishing Communications After an Accident

Messages exchanged immediately following an accident may provide evidence about what people observed or knew at the time.

However, communications concerning liability, insurance, settlement, or potential litigation can raise separate evidentiary and privilege issues.

An attorney should review those messages before assuming they can be used in court.

What Can Make Text Messages Difficult to Authenticate?

Several issues can create challenges.

The Sender Is Unclear

If the evidence does not sufficiently connect the phone number or account to the alleged sender, the opposing party may challenge authenticity.

The Screenshot Is Incomplete

A cropped screenshot may make it difficult to determine what was actually said.

The Conversation Appears Altered

Visible inconsistencies, missing messages, unusual formatting, or unexplained gaps may raise questions.

There Is No Supporting Evidence

A screenshot with no witness testimony, device, records, or other evidence connecting it to the alleged sender may face a stronger authentication challenge.

Someone Else Had Access to the Phone

If multiple people had access to the device or account, additional evidence may be needed to identify the person who actually sent the message.

The Evidence Was Obtained Improperly

How evidence was obtained can create separate legal issues. Do not access another person’s phone, account, or private communications without appropriate legal authority.

Do You Need the Original Phone to Authenticate Text Messages?

Not necessarily.

The requirement depends on the circumstances and applicable evidence rules.

Illinois permits authentication through multiple methods, including testimony and circumstantial evidence.

Wisconsin expressly recognizes that electronic output such as a screenshot can qualify as an original when it accurately reflects data stored on a phone or similar device.

Nevertheless, preserving the original phone can be valuable because it may provide additional evidence if authenticity is challenged.

How a Lawyer Can Help Authenticate Text Messages?

An attorney can help determine:

Which messages are relevant
Whether the messages can be authenticated
Who should testify about them
Whether additional records should be obtained
Whether carrier records could corroborate the communications
Whether the messages raise hearsay issues
Whether the complete conversation should be produced
How the evidence should be preserved
Whether additional electronic evidence should be requested through discovery

In some cases, an attorney may also recommend obtaining information from a carrier, messaging platform, employer, business, or other third party through appropriate legal procedures.

FAQs

Can screenshots of text messages be used as evidence in court?

Yes, screenshots can potentially be used as evidence, but they generally must be properly authenticated and satisfy other applicable evidentiary requirements. Wisconsin courts have specifically recognized circumstances in which screenshots of text messages were admissible. Illinois also permits text messages to be authenticated through testimony and circumstantial evidence.

Do text messages have to be printed to be used in court?

No. Electronic evidence does not necessarily have to be printed to be admissible. Depending on the circumstances, messages may be presented electronically, through screenshots, device records, or other appropriate formats.

Wisconsin law specifically states that a duplicate is not inadmissible solely because it is in electronic format.

Can I use a screenshot without the original phone?

Potentially. The original phone is not automatically required in every case. Authentication may be established through testimony, circumstantial evidence, distinctive characteristics, carrier records, or other evidence.

However, preserving the original device is still advisable when possible.

Can text messages be subpoenaed?

Potentially. Depending on the circumstances, attorneys may be able to obtain relevant communications or records through discovery, subpoenas, or other legal procedures.

Whether a particular provider maintains the requested content and whether the information can legally be obtained depends on the circumstances.

Can deleted texts be subpoenaed?

It depends on where the information is stored and whether it still exists.

Deleted messages may potentially remain in backups, on another device, with a recipient, or in other records. An attorney can determine whether seeking additional electronic records is appropriate.

Are text messages automatically admissible if they are real?

No.

Even an authentic text message may face other objections, including hearsay, relevance, completeness, privilege, or other evidentiary limitations.

Authentication is only one part of establishing admissibility.

Can I use text messages in a personal injury lawsuit?

Potentially. Text messages can provide evidence concerning an accident, notice of a dangerous condition, communications between parties, admissions, timelines, or other facts relevant to a personal injury claim.

Whether a particular message can be admitted depends on the facts and applicable evidence rules.

What should I do with text messages that may be important to my lawsuit?

Do not delete them. Preserve the original phone if possible, keep complete copies of the conversation, avoid editing or altering screenshots, and provide the evidence to your attorney.

Speak With a Personal Injury Lawyer About Your Evidence

Text messages can be powerful evidence in a personal injury case, but their value depends on more than simply having a screenshot.

The court may need to determine whether the messages are authentic, whether they are relevant, whether hearsay rules apply, and whether the evidence accurately represents the original conversation.

Illinois and Wisconsin both recognize multiple ways to authenticate electronic communications, including testimony and circumstantial evidence.

If text messages are important to your personal injury claim in Chicago, Illinois, or Wisconsin, an attorney can help you preserve the evidence and determine how it may be used in your case.

If you have potentially important text messages, do not delete, edit, crop, or otherwise alter them. Preserve the original communications and speak with an attorney before taking steps that could affect the evidence.

Contact Mulholland Injury Law to discuss your case and get the expert opinion.

This article is intended for general informational purposes and does not constitute legal advice. The admissibility of text messages depends on the facts of each case, the applicable court rules, and the purpose for which the evidence is offered.

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