QUESTION

Are text messages allowed to be used as evidence in small claims court?

Asked on May 25th, 2020 on Breach of Contract - California
More details to this question:
I had to move from California to another state due to D.V..early November 2019 I couldn't not bring a few things with me and a friend said that she would hold on to it for me till I could get my belongings . I texted her and told her to bring my things to a storage unit because they have climate control and was afraid that it would be to hot in her garage. She also stated that I had nothing to worry about and that she would never get rid of my belongings in the text that was mid November 2019. I didnt hear from her till May 23rd 2020 and I tried the whole time till now making calls and texting her my number has been the same as well . She informed me May 23rd 2020 that she threw my things away also in a text message. I had roughly $4000 in personal belongings and vintage collectibles that can't be replaced Can I use the texts as evidence that she had my things, gave me no notice to get my things , and that she went through my belongings, then threw my things out ?
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1 ANSWER

Business Law Attorney serving San Ramon, CA
2 Awards
Although I have never been to smalls claims court just because lawyers are not allowed to represnt litigants in small claims, I believe that the rules of evidence are relaxed.  Therefore, you should consider presenting the text messages as evidence as long as you can establish that they were from the defendant.  Even in civil trials, text messages may be used as evidence after laying the foundation and authentication. Go for it.
Answered on May 26th, 2020 at 11:32 AM

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