Text messages are gold. They are typically sent without the forethought of a letter or email, so they typically reveal persuasive evidence of the sender’s mental state at the time the message is sent. Relevant texts between the parties are coming in. But texts to a third party present special issues of authentication. This article discusses those issues.
A text message is a writing that must be authenticated. (Evid. Code §§ 250, 1401(a).) Authentication requires a showing that the writing was made or signed by its purported maker. It’s important to remember that the maker’s testimony is not necessary. (Evid. Code § 1411.) Instead, authenticity may be established by the contents of the writing (Evid. Code § 1421) or by witness testimony, circumstantial evidence, content, or location. (People v. Goldsmith (2014) 59 Cal. 4th 258, 268.) The recent published case of Adoption of X.D. (2025) WL 2753550 addresses self-authenticating writings.
Read More ›