QUESTION
Is a cell phone history admissible in court as proof my daughter was not using her cellphone?
Asked on Jul 17th, 2013 on Personal Injury - South Carolina
More details to this question:
My daughter was in an auto accident. The police officer marked her ticket with cell phone use as a factor. She was not on her phone. I printed out the cell phone history to show there was no activity at the time of the accident. Is this printout I made admissible in court to help prove she was not on her phone?
12 ANSWERS
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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Law Offices of Andrew C. Sigal
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If the document is authenticated by the custodian of records for your daughter's cell phone provider, then the document is admissible as evidence.
Answered on Jul 19th, 2013 at 4:42 AM
The cell phone record would be admissible but there is an authentication process which must be utilized in order in introduce it into evidence.
Answered on Jul 19th, 2013 at 4:41 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Possibly, but she needs representation. If you are in Michigan call to engage us and with the full details.
Answered on Jul 19th, 2013 at 4:40 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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There's a way to get it into evidence, but it may not help: at best all you can prove with it is that she wasn't on THAT phone. Good luck.
Answered on Jul 18th, 2013 at 9:49 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Like any document you will have to prove it is accurate and has not been fabricated
Answered on Jul 18th, 2013 at 12:26 PM
Not the history you printed out; you need to get the records subpoenaed from the company to show that they are genuine.
Answered on Jul 18th, 2013 at 12:11 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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If you can authenticate the cell phone record, it should be admissible. Write the cell phone company and request a copy of the record. Keep a copy of your letter to the company. Keep a copy of the envelope that the cell phone company sends you the copy, and present both to the court. If you get an objection to the admission of the two documents in court, argue that under the reply letter doctrine, the report is admissible.
Answered on Jul 18th, 2013 at 11:50 AM
Thomas Edward Gates
Your printout is not admissible. However, her attorney can subpoena the cell phone company for certified records.
Answered on Jul 18th, 2013 at 11:05 AM
Personal Injury Attorney serving Great Neck, NY
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Goldman & Maurer, LLP
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It is however, you'll need to obtain a certified copy of the history to be admissible.
Answered on Jul 18th, 2013 at 10:24 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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It would be, subject to authentication.
Answered on Jul 18th, 2013 at 10:23 AM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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Yes, you should be able to get her phone records into evidence.
Answered on Jul 18th, 2013 at 10:23 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Yes it is. You may have to subpoena the custodian of phone activity records from the phone carrier to testify that this is a record of business activity that is regularly kept in the ordinary course of business for that company (this authenticates it as a business record). First, you may ask the attorney for the other side if they would allow you to put the document in evidence without calling the custodian of records as a witness.
Answered on Jul 18th, 2013 at 10:23 AM