Presenting messages in court

How to present text messages in family court

Last reviewed 2026-10-17 · 5 official sources cited below

Text messages are common in custody, divorce and protective-order cases: missed pickups, threats, agreements about schedules or money. Family judges are busy, so presentation matters. Here’s how to prepare messages so they’re easy to follow. Rules differ a lot between courts, so treat this as a checklist to discuss with your lawyer or the court’s self-help center.

1. Decide what the messages are meant to show

Write one sentence per point, for example “Late pickups on Feb 4, 11 and 18”. Then pick the conversations that prove it. Judges respond better to a focused exhibit than to a year of chat logs.

2. Export, don’t retype

Use the phone’s export (WhatsApp, Android, iPhone) and make a transcript of the relevant date range. Keep the full export file in case the other side says context was left out. In U.S. federal court, FRE 106 lets the other party require related parts to be considered at the same time, and many state courts follow a similar idea.

3. Protect children’s and private information

Many courts restrict what personal information can appear in filings. U.S. federal courts, for example, allow only a minor’s initials and the last four digits of account numbers in filings (FRCP 5.2(a)). Family courts often have their own confidentiality rules. Redact visibly and list the redactions; never change the wording of a message.

4. Follow the bundle rules if your court has them

In England and Wales, Family Procedure Rules Practice Direction 27A sets requirements for e-bundles, including PDF format, a default limit of 350 A4 pages, and computer-generated page numbers rather than handwritten ones (para 11.2). Many U.S. courts have local rules for exhibits. Look them up on your court’s website.

5. Be ready for authenticity and hearsay questions

• Authenticity: you may need to testify that the messages are what you say they are, for example that you recognize the number and the conversation (FRE 901 and state equivalents).
• Hearsay: under the federal rules, a statement offered against the opposing party that the party made is defined as not hearsay (FRE 801(d)(2)(A)). Your own messages, or third parties’ messages, may be treated differently. This is where a lawyer’s advice is most valuable.

6. Make it readable

• Use a cover page that says what the exhibit is, the date range and who is in the conversation.
• Number every page and refer to messages by number when you testify (“Exhibit B, message #214, page 7”).
• Bring enough copies, and an extra one for yourself.

Sources

1. Federal Rules of Evidence, Rule 901 — Authenticating or Identifying Evidence (Cornell LII)
2. Federal Rules of Evidence, Rule 106 — Remainder of or Related Writings or Recorded Statements (Cornell LII)
3. Federal Rules of Evidence, Rule 801 — Definitions That Apply to This Article; Exclusions from Hearsay (Cornell LII)
4. Family Procedure Rules, Practice Direction 27A — Court bundles (Ministry of Justice)
5. Federal Rules of Civil Procedure, Rule 5.2 — Privacy Protection for Filings Made with the Court (Cornell LII)

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