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Ing to California law, text messages can be considered as evidence in family court proceedings. These text messages can be used as proof or facts to establish allegations of adultery, financial infidelity, domestic violence, child abuse or neglect, or other threatening behavior.

Written notice. Text message records have been subpoenaed for court cases. It is important to have everything in writing and text messages can and will become a source of written notice.

This ruling states that as long as text messages satisfy the necessary conditions required of a bilateral contract in offer, consideration, capacity, and acceptance, they can be considered legally enforceable.

Emails or text messages from an agent laying out the specific terms of a deal may be sufficient to satisfy the requirements of the statute of frauds. In fact, even incorporating by reference to a document containing the essential terms may be sufficient.

The Fourth Amendment to the United States Constitution protects people's reasonable expectation of privacy. However, unlike in Canada, the U.S. courts do not consider there to be a reasonable expectation of privacy in text messages once they have been sent and delivered.

So a recording of an oral contract would be useful to prove that there was an agreement, but would not change the fact that the contract is oral. An agreement via text is a written agreement. An agreement via phone is an oral agreement. A recording of the call does not change the form of the agreement.