If the 1982 blockbuster movie were filmed today, “ET” would probably be suggesting to Elliott, his terrestrial friend and guide, that he needed to “text home” rather than “phone home.”1
With annual global estimates of text messages exceeding 3 trillion, “texting” is one of the most prevalent, readily accessible and reliable forms of electronic communications in an era of continually evolving and improving telecommunications. Consequently, it was inevitable that the admissibility of text messages would be at the center of many disputes in both federal and state court. This article addresses significant evidentiary issues concerning the admissibility of this type of digital evidence.
The Basics
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