How far back can text messages be used as evidence?
Asked by: Justice Smith V | Last update: October 23, 2025Score: 4.4/5 (1 votes)
In regard to federal government cases, text message subpoenas are not limited to a time frame. They can be requested going as far back as they exist. However, personal injury cases don't have the flexibility the government does, so attorneys are more restricted with how far back they can subpoena cell phone data.
How far back can you trace text messages?
Generally, you can use text messages as evidence as far back as two years or more, depending on your jurisdictional regulations and if the messages are relevant to the case.
Can police recover deleted text messages from years ago?
In conclusion, the answer to the question “Can the police access data deleted from a phone?” is: it depends. It depends on where the data is being stored and what type of data it is. However, with sophisticated software and equipment, it is possible for the police to retrieve deleted data from a phone.
How far back can text messages be subpoenaed by Verizon in 2024?
In the United States, there is no set time limit for how far back text messages can be subpoenaed from phone companies or iPhones by the FBI. The government can subpoena past records going back as far as they exist. Most phone companies keep records for 1-2 years.
Can old texts be used in court?
Text messaging leaves an electronic record of dialogue that can be entered as evidence in court. Like other forms of written evidence, text messages must be authenticated in order to be admitted.
How to Get Texts Admitted as Evidence in Court
Can you subpoena text messages from 10 years ago?
How Far Back Can Text Messages Be Subpoenaed? In regard to federal government cases, text message subpoenas are not limited to a time frame. They can be requested going as far back as they exist.
Are screenshots of text messages admissible in court?
Just like social media posts, screenshots of text messages can be used in court, but face similar challenges regarding authentication. Without the original metadata and context, proving that a screenshot is an accurate and unaltered representation of the original message can be difficult.
Can lawyers retrieve deleted text messages?
Federal law prevents production of these documents without a court order or subpoena. An attorney can easily obtain a court order or subpoena to get the records directly from the service provider, but there are limitations on what the provider can produce.
How hard is it to get a subpoena for text messages?
Subpoena for text messages is a difficult area of discovery practice. The fact is that the service provider, absent some bizarre situation, does not store the information, so obtaining text messages really must come from the opposing party.
How far back can I get text records from Verizon?
How far back can I get my Verizon usage activity details? You can sign in to My Verizon through your desktop computer to get: Talk, text and messaging activity details and spreadsheets for the last 90 days. 18 months of past bill statements, which include billed usage summaries.
Are deleted texts really deleted?
Deleted messages and attachments remain in your Recently Deleted folder for up to 30 days, and you can recover them.
Can deleted texts be subpoenaed?
You can certainly get the date/time of the text if nothing else. Just not always the content. You would need to get a subpoena issued by the Court. From there, you would need to have the subpoena served on the carrier, then the carrier would need to comply with the request.
How long do phone carriers keep text messages?
The duration that text messages stay on phone carriers' servers can vary by carrier and specific circumstances. Generally, most carriers retain SMS messages for a limited time, often ranging from a few days to a few weeks.
Can forensics recover deleted text messages?
Live and deleted text messages are the most popular form of cell phone evidence recovered and admitted in civil and criminal cases today. Text message forensics is the science of recovering the evidence they hold for admission into the court record for adjudication of disputes.
How long does AT&T keep text messages for subpoenas?
AT&T currently stores Your sent and received Messages for up to 90 days. Messages older than 90 days will be deleted from Your Messages cloud storage.
How far back can message trace go?
You can pull a message trace report with this trace type for the past 90 days, but you need to be sure that the message trace result is going to take some time and will not be instant.
Is there a way to get a transcript of all text messages?
Yes, you can get a transcript of text messages by manually copying them, using a third-party app, or working with a transcription service to convert messages into a formatted document for legal or personal use.
How well do text messages hold up in court?
Yes, text messages can hold up in court if they are authenticated. This involves proving who sent and received the text messages. For example, it might mean showing a screenshot or printout of the text dialogue and identifying the phone numbers associated with the messages.
Can I get a copy of my spouse's text messages?
Your Texting History is Almost Always Accessible
Some people who backed up their text messages to a shared cloud account with their spouse are able to view their spouse's text messages. Logistically, most people have to ask their spouse or their spouse's paramour for the information, or to inspect their cellphone.
Can investigators get deleted text messages?
Messages can often be found again using investigative methods, even after the user has deleted them, as long as they haven't been physically changed.
Is deleting text messages tampering with evidence?
Destroying evidence is a serious offense. Avoid any actions that could lead to the destruction of relevant items, documents or digital data. This includes deleting text messages emails, or any other electronic records.
Do judges look at text messages?
Under California law, text messages are admissible as evidence in family court proceedings. When presented as evidence, a text message can help support your case or establish accusations of domestic violence, extramarital affairs, child abuse, or financial infidelity.
How do courts verify text messages?
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.
Can you sue someone for Screenshotting messages?
It is not considered a violation of privacy, unfortunately.