how to use SMS evidence first, SMS can be used as evidence to prove the facts of the case. According to the provisions of Articles 5 and 7 of the Electronic Signature Law of the People's Republic of China, "a data message shall not be rejected as evidence only because it is generated, sent, received or stored by electronic, optical, magnetic or similar means, and anything that can effectively express the contents contained therein can be retrieved and used at any time; It can be reliably guaranteed that from the time of final formation, the content remains intact and unchanged and can be used as the original of the data message. " This electronic signature method provides a legal basis for the use of mobile phone short messages as evidence. Second, mobile phone short messages are used as formal elements of evidence. The most direct way to use SMS as evidence is to ask the other party to show the content of SMS in court, but before that, it is necessary to provide other evidence to the court. Why do you ask the other party to show personal items and information? This requires a legal basis. In the absence of other evidence, the other party can completely refuse to disclose his mobile phone message in public on the grounds that it involves business secrets or personal privacy. Third, the best way to fix the SMS as evidence is to go to a notary office in advance to notarize the content of the SMS, and the notary will open the SMS on the spot and extract the content to make it into a written text, so that the content of the SMS extracted by the notary will be credible and will be adopted by the court. After notarization, even if the short message is deleted by the other party, the court can identify it with the notarization documents of the notary office. When notarizing the contents of mobile phone short messages, we should also pay attention to recording the brand and model of mobile phones.
how to retrieve your mobile phone short message as evidence 1. You should keep the original short message in your mobile phone, and you can get a copy of the short message by taking photos and connecting with a computer to print. 2. The corresponding short message communication list or record should be obtained through the communication operator to prove the authenticity of the short message, the specific communication time and communication object, etc. According to the law, SMS, as a form of electronic data, can be used as evidence in civil litigation. The evidence in Article 63 of the Civil Procedure Law includes: (1) the statement of the parties; (2) Documentary evidence; (3) Physical evidence; (4) Audio-visual materials; (5) Electronic data; (6) Testimony of witnesses; (7) Appraisal opinions; (8) Records of the inquest. Article 116 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China includes audio-visual materials and video materials. Electronic data refers to information formed or stored in electronic media through e-mail, electronic data exchange, online chat records, blogs, micro-blogs, mobile phone short messages, electronic signatures, domain names, etc. Audio recordings and video materials stored in electronic media shall be subject to the provisions of electronic data. It's okay for SMS to want evidence to be used in court, but besides SMS, other evidence is needed, otherwise it's difficult to support your claim only by SMS as evidence. If you encounter some troubles when using mobile phone short message evidence, or if you are not sure whether the evidence can be used, you can ask a lawyer.