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Like all other forms of evidence, text messages are not automatically admissible in court. They must meet the standards of the rules of evidence. One of the requirements for evidence to be admissible in court is that there be proof that it is authentic.

What should I do if someone's sending nasty messages? Tell someone. ... Ignore them. ... Keep the messages so that you can show someone (take a screen grab of the page or take a picture using your phone). Talk to someone you trust and only give out your phone number or email address to friends and your family.

Text message records must be obtained from a party's cell phone provider. An attorney can obtain a court order or subpoena to get the records directly from the service provider.

To admit text messaging then, the rules of evidence typically hold that authentication is made by confirming circumstances. To authenticate a text message, you might present a copy ? a photo or printout of messages or screenshot that shows identifying info ? all of which connects the messenger to the texter.

The Bottom Line If you need deleted text messages for legal purposes, in situations of crime and the sort, some cellphone providers can provide you with the content of the messages upon request; however, most companies do not keep text message records.

Based upon the language and policies behind the Wiretap Act, accessing and sharing text messages requires the consent of at least one party for the disclosure of text messages sent between cellphones.

Generally, texts and emails are private. Thus, you don't have a right to look at them without your spouse's consent. Doing so is viewed as an invasion of privacy. It doesn't matter whether you are married, separated or divorced.