Evidence rules (US and UK)

The “best evidence” rule and printouts of text messages

Last reviewed 2026-10-17 · 4 official sources cited below

People often worry that a printout “isn’t the original”. Here is how the U.S. federal rules handle it. States have their own versions; California, for example, uses a “secondary evidence rule” and a specific presumption for computer printouts (see California).

The requirement

FRE 1002: “An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise.” This only applies when you are proving what a writing says, which is usually the case with texts.

Printouts can be originals

FRE 1001(d): “For electronically stored information, ‘original’ means any printout — or other output readable by sight — if it accurately reflects the information.”

So an accurate printout of a message is treated as an original. The key word is accurately: the transcript must reproduce the messages faithfully, which is why you should never retype or edit them.

Duplicates

FRE 1001(e) defines a duplicate as a counterpart produced by a process “that accurately reproduces the original”, and FRE 1003 says a duplicate “is admissible to the same extent as the original unless a genuine question is raised about the original’s authenticity or the circumstances make it unfair to admit the duplicate.”

Very long conversations

FRE 1006 lets a court admit a summary, chart or calculation to prove the content of “voluminous” writings that cannot be conveniently examined in court. The proponent must make the underlying originals or duplicates available to other parties. A timeline of key messages can be a useful companion to a full transcript.

What this means in practice

• A faithful transcript generated directly from the app’s export avoids transcription errors.
• Don’t paraphrase, retype or “tidy up” message text.
• Keep the export file and phone available in case accuracy is challenged.
• If you filter or redact, say so on the document (TextExhibits lists filters and redactions on the cover page).

Sources

1. Federal Rules of Evidence, Rule 1001 — Definitions (“original” of electronically stored information) (Cornell LII)
2. Federal Rules of Evidence, Rule 1002 — Requirement of the Original (Cornell LII)
3. Federal Rules of Evidence, Rule 1003 — Admissibility of Duplicates (Cornell LII)
4. Federal Rules of Evidence, Rule 1006 — Summaries to Prove Content (Cornell LII)

Sources were opened and checked on 2026-10-17. Laws and rules change; always read the current version.