Evidence rules (US and UK)
Text messages as evidence in Florida: authentication basics
Florida state courts follow the Florida Evidence Code (Chapter 90, Florida Statutes). This page covers only the general authentication requirement, the one most people preparing message evidence need to understand. For anything beyond that, consult a Florida lawyer or your court’s self-help resources.
The authentication rule
Florida Statutes § 90.901: “Authentication or identification of evidence is required as a condition precedent to its admissibility. The requirements of this section are satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.”
That wording is very close to the federal rule (FRE 901(a)), which requires “evidence sufficient to support a finding that the item is what the proponent claims it is.” The bar is evidence that could support a finding, not proof beyond doubt. The other side can still dispute the messages.
How people typically support authenticity
- Testimony from someone who took part in the conversation and recognizes it.
- Context: phone numbers, names, nicknames, references to specific events, and replies that make sense together.
- The device and the export file: keep the phone and the unchanged export, and be able to explain how the printout was made.
- A complete, chronological transcript, so the messages can be read in context.
Preparing the printout
- Export the conversation (WhatsApp, Android, iPhone).
- Create a transcript with a cover page, page numbers, and the export file’s SHA-256 hash.
- Check your court’s local rules and any judge-specific instructions for exhibits, such as labeling, pre-marking and the number of copies.
Open a WhatsApp export, SMS Backup & Restore XML or iMazing CSV and get a page-numbered transcript with the source file’s SHA-256 fingerprint. Nothing is uploaded.
Sources
- Florida Statutes § 90.901 — Requirement of authentication or identification (The Florida Senate)
- Federal Rules of Evidence, Rule 901 — Authenticating or Identifying Evidence (Cornell LII)
Sources were opened and checked on 2026-10-17. Laws and rules change; always read the current version.