What Texas Law Really Says About Texts, Screenshots, and Digital Evidence

In today’s world, most important conversations happen by text. Unfortunately, that also means your text messages can become powerful evidence in a Texas court case. Whether you are dealing with a divorce, contract dispute, business lawsuit, or criminal investigation, understanding how courts treat text messages is critical.

This article explains when text messages can be used against you in Texas, how courts decide whether they are admissible, and what defenses may apply.

1. Are Text Messages Admissible in Texas Courts?

Yes. Text messages are generally admissible in Texas courts if they meet the normal rules of evidence.

Under the Texas Rules of Evidence, digital communications are treated like any other document or writing. If properly authenticated and relevant, they may be admitted as evidence.

Key authority includes:

• Texas Rule of Evidence 401 – Relevance
• Texas Rule of Evidence 402 – General admissibility
• Texas Rule of Evidence 901 – Authentication
• Texas Rule of Evidence 802 – Hearsay rule

If a text message helps prove or disprove a fact in dispute, courts will usually allow it—subject to these rules.

2. Authentication: Proving You Actually Sent the Message

Before a text can be used against you, the other side must show that you were the sender.

This is called authentication under Rule 901.

Common Ways Texts Are Authenticated

Courts may accept evidence such as:

• Your phone number appearing in the message
• Testimony from the recipient
• Context showing personal knowledge
• Matching writing style or nicknames
• Metadata or phone records
• Device extraction reports

Relevant Rule

Tex. R. Evid. 901(a): Evidence must be sufficient to support a finding that the item is what the proponent claims it is.

If the other side cannot prove you sent the message, the court may exclude it.

3. Screenshots vs. Original Messages

Screenshots are commonly used in Texas courts—but they are often challenged.

Problems With Screenshots

Screenshots may be attacked for:

• Editing or cropping
• Missing context
• Altered timestamps
• Incomplete threads
• Fabrication

Best Practice

Courts prefer:

• Full message exports
• Phone backups
• Carrier records
• Forensic downloads

A screenshot alone is not automatically invalid, but it is easier to challenge.

4. Hearsay and Text Messages

Even if a message is authentic, it may still be excluded as hearsay.

What Is Hearsay?

Tex. R. Evid. 801(d): A statement offered to prove the truth of the matter asserted.

Example:
“I admit I stole the money” offered to prove theft = hearsay.

Common Exceptions That Apply to Texts

Many texts fall under exceptions, including:

A. Party Admission

Tex. R. Evid. 801(e)(2)

Your own statements can usually be used against you.

This is the most common basis for admitting texts.

B. Business Records

Tex. R. Evid. 803(6)

Applies when texts are part of business systems.

C. Present Sense Impression / Excited Utterance

Tex. R. Evid. 803(1)–(2)

Texts sent during or right after events may qualify.

5. Can Deleted Text Messages Be Used?

Yes—often.

Deleting a text does not guarantee it is gone forever.

Messages may still exist in:

• Cloud backups
• Carrier servers
• Recipient’s phone
• Forensic extractions
• Third-party apps

Spoliation Risk

If you delete messages after a dispute arises, you may face spoliation sanctions.

Courts may presume the deleted evidence was unfavorable.

This can seriously damage your case.

6. Privacy and Illegal Interception Issues

Not all texts are automatically legal to use.

A. Texas Is a One-Party Consent State

Under Texas Penal Code § 16.02, only one party must consent to recording communications.

If you are part of the conversation, you may usually preserve it.

B. Hacking and Unauthorized Access

Evidence obtained by:

• Hacking accounts
• Guessing passwords
• Spyware
• Illegal surveillance

may be excluded and could expose the user to criminal liability.

Illegally obtained texts can sometimes be suppressed.

7. Text Messages in Common Texas Legal Cases

Divorce & Family Law

Texts are frequently used to prove:

• Adultery
• Harassment
• Threats
• Parental misconduct
• Hidden relationships

They often affect custody and property division.

Business & Contract Disputes

Texts may establish:

• Agreements
• Modifications
• Payment promises
• Admissions of breach

Under Texas Business & Commerce Code § 26.01, some contracts must be in writing, but texts may still support claims.

Criminal Cases

Prosecutors use texts to show:

• Intent
• Planning
• Confessions
• Conspiracies
• Drug or fraud activity

These are often among the strongest forms of evidence.

8. How Lawyers Challenge Text Message Evidence

A skilled attorney may object based on:

1. Lack of Authentication

“No proof my client sent this.”

2. Hearsay

“Offered for truth, no exception.”

3. Alteration

“Edited or incomplete.”

4. Chain of Custody

“Improper handling.”

5. Relevance

“Doesn’t prove anything material.”

6. Illegal Collection

“Obtained unlawfully.”

Successful challenges can exclude damaging messages.

9. Practical Advice: Protecting Yourself

If you are involved in a legal dispute:

Do:

✔ Preserve your messages
✔ Back up your phone
✔ Avoid deleting evidence
✔ Speak cautiously
✔ Assume texts may be read in court

Don’t:

✘ Threaten
✘ Admit wrongdoing
✘ Insult parties or judges
✘ Discuss strategy in texts
✘ Destroy evidence

A text written in anger can cost thousands of dollars later.

10. Does This Topic Conflict With Existing Blog Posts?

This article does not conflict with your existing content. Your index shows a probate-specific post titled “Can Text Messages and Emails Be Used as Evidence in Texas Probate Court” dated 2/16/2026 .

This new article is broader and covers:

• Civil litigation
• Family law
• Business disputes
• Criminal matters
• General evidentiary rules

It complements your prior content and strengthens topical authority.

11. When Should You Speak With a Lawyer?

You should consult a Texas attorney if:

• Texts are being used against you
• You are accused based on messages
• You are considering producing messages
• You suspect illegal access
• You face sanctions for deletion

Early legal advice can often prevent serious damage.

Final Thoughts

In Texas, text messages are powerful evidence. Courts routinely admit them when properly authenticated and legally obtained. What you type today may be read by a judge tomorrow.

If you are in a dispute, treat every message as if it could appear on a courtroom screen.

At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.