If a text message is used in court, the defendant will most likely have to provide it. This is not common, so, in short, the answer is yes. This is not common, so, in short, the answer is that yes, text messages can be cited, but, no, they are not often used as evidence for the above reasons. A subpoena is a legal order that requires someone to file documents or records or to appear in court. https://www.dalycitydivorceattorneys.com
Divorce attorneys use subpoenas to gain access to information that might be important to the case. This includes private information, such as personal emails or text messages. In a divorce case, both parties to the divorce can use subpoenas to force the other to produce information, including cell phone records. Most people are connected to their smartphones, which can include their email, call logs, text messages, photos, and more.
While you may believe that you have privacy when using your cell phone, these records are increasingly being used as evidence in divorce cases. No matter where text messages are kept, they are a common test in divorce and paternity cases. Text messages are entered as evidence during a court proceeding to prove that one party said something to another. Since there is almost always an exchange of text messages, the court can examine both the message and the context in which the message was sent.