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Legal Guide

Text Message Evidence Checklist: 5 Questions Before You Go to Court

Published on December 20, 2025

The Text Message Evidence Checklist: 5 Questions to Ask Before Court

You know what happened. You have the messages to show it.

But in a US courtroom, what is true and what the court will consider are two separate questions.

A text message can be relevant and still run into objections about where it came from, whether it is complete, or whether it counts as hearsay. Those questions are decided by the judge, under the rules of your jurisdiction, and often after argument from both sides.

You can't control the ruling. You can control how prepared you are. Use this checklist to find gaps early, while you and your attorney still have time to address them.

One distinction to keep in mind: organizing your messages (putting them in order, numbering pages), authenticating them (showing they are what you say they are), and admissibility (whether the judge allows them in) are three different steps. A tool can help with the first. The second usually needs testimony or other supporting evidence. Only the court decides the third. Ask an attorney what your court requires.

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The 5-Question Evidence Review

Look at what you have prepared: screenshots, printouts, exports. Go through each question honestly.

1. Authentication (FRE 901 and state equivalents)

  • **The question:** Can you show that the message is what you claim it is, for example that it came from the person you say sent it?
  • **Where screenshots struggle:** A contact name like "Hubby" is just a label you typed. On its own, it says little about who actually sent the message.
  • **How ScanMyChat helps:** The transcript shows each message with the sender name and timestamp exactly as they appear in the WhatsApp export, in their original order. That gives you and your attorney a clear record to work from. Authentication itself usually comes from testimony, phone records, or other corroborating evidence.

    • 2. Integrity and documentation

  • **The question:** Can you show the file you are presenting hasn't changed since you collected it?
  • **Where screenshots struggle:** Images are easy to edit, and there is often no record of when or how they were captured.
  • **How ScanMyChat helps:** The Integrity Manifest records a SHA-256 **Source hash** of your export file and a **Report hash** of the generated PDF. If either file changes later, its hash won't match. A hash shows that a file is unchanged since it was hashed. It does not prove who wrote the messages or whether they are true. The **Chain-of-custody worksheet** gives you a structured place to write down who handled the file, and when.

    • 3. Completeness (FRE 106)

  • **The question:** If you introduce part of a conversation, could the other side argue that the rest of it changes the meaning?
  • **Where screenshots struggle:** They show fragments. A missing "before" and "after" invites the argument that you left something out.
  • **How ScanMyChat helps:** It produces a continuous, chronological Transcript of everything in the export. You and your attorney can then decide what is relevant with the full context in front of you.

    • 4. Originals and duplicates (FRE 1001–1004)

  • **The question:** Is what you are presenting the original, or an accurate copy of it?
  • **Where screenshots struggle:** A printout of a screenshot is a copy of a display, and it can lose information along the way.
  • **How ScanMyChat helps:** The Evidence Package keeps a hash of the original export file next to the readable Transcript. That makes it easy to show which source file the PDF was generated from.

    • 5. Hearsay (FRE 801–803)

  • **The question:** Is the message being offered to prove that what it says is true?
  • **The reality:** This is a legal argument for your attorney. Rules such as statements by an opposing party may apply depending on the facts. Clear dates, senders, and full context make that conversation with your attorney much easier.
    • ""A checklist doesn't win a case. It helps you walk into your attorney's office knowing where the weak spots are.""

    How Did You Do?

    If you are relying only on screenshots, you may have found gaps under authentication, integrity, and completeness. That is common, and it is fixable. Knowing where the gaps are is the first step.

    Keep Your Evidence Private While You Prepare

    Before you upload your messages to an online service, consider who can access them. Sending sensitive chats to a third-party server adds one more party to your chain of custody.

    ScanMyChat runs locally in your browser. Your export is processed on your own device and is never uploaded to our servers.

  • You load the WhatsApp export.
  • The Source hash and Report hash are calculated locally.
  • You generate the Evidence Package.
  • You fill in the Chain-of-custody worksheet.
    • Evidence Checklist Graphic

    Evidence Checklist Graphic

    Walk In Prepared

    The goal isn't to guarantee an outcome. Nobody can. The goal is to give your attorney organized, complete, well-documented material so they can focus on the legal arguments.

    Organize your evidence. Review it with your attorney.

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    Disclaimer: This checklist is for educational purposes and refers to general Federal Rules of Evidence concepts. State rules differ, and only a judge can rule on admissibility. This is not legal advice.

    Legal Disclaimer

    This article is for informational purposes only and does not constitute legal advice. Always consult with a qualified attorney regarding your specific case. ScanMyChat is evidence-preparation software, not legal counsel.