October 22, 2025 | Personal Injury
Text messaging is a common form of communication. The first text message was sent in December 1992. Today, over five billion people globally use text messaging for personal and business purposes. Many businesses use text messaging to communicate with customers and clients.
Because texting is a common practice, there may be situations in which texts are used as evidence in court. Keep reading to learn more about test messages as evidence in Illinois courts.
Text Messages Used as Evidence in Court Cases
Text messages are admissible as evidence in Illinois courts, including in Chicago. The legal requirements for using text messages as evidence include:
- Authentication
- Relevance
- Lawful acquisition
Illinois courts treat text messages like other documentary evidence. They require a foundation that proves the messages are genuine, unaltered, and relevant to the case at hand.
Legal Standards for Admitting Text Messages in Illinois
Text messages are examples of electronically stored information (ESI). A party may use texts as evidence in court if they meet the following legal standards:
Authentication
To admit text messages, parties must show that the texts are genuine and have not been altered in any way. Authentication can be demonstrated through:
- Testimony from the sender or recipient verifying the message content.
- Metadata proving the date, time, and phone number associated with the message.
- Records from telecommunications providers confirming message details.
- Testimony from forensic experts who extracted text messages from a device.
- Circumstantial evidence may be used to link the party involved to the phone or message content.
Rule 901 of the Illinois Rules of Evidence does not explicitly mention text messages. However, Illinois courts have applied Rule 901 to various forms of digital communication, including text messages.
Relevance
Messages must relate directly to a material fact in the case. They must help prove or disprove an element of the action under Illinois Rules of Evidence 401 and 402. For example, texts may demonstrate fault, admissions, or intent.
Courts do not permit parties to submit irrelevant statements or evidence. The text messages must make a fact asserted by a party more or less probable than it would be if the texts were not allowed as evidence.
Prejudicial vs. Probative Value
Courts consider whether the evidence’s value to prove a fact outweighs potential unfair prejudice. Even if a text is authenticated and relevant, the court may not allow the message if it has the potential to sway a jury unfairly.
If the prejudicial risk outweighs the value of the text messages as evidence, the court may not allow the texts to be presented.
Legally Obtained Evidence
Text messages must be gathered through lawful means. Accessing a device without permission or legal authority may cause the evidence to be inadmissible. Examples of unlawful means include hacking a device or stealing a phone.
Proper legal procedures include discovery requests, warrants, and subpoenas.
Specific Contexts Where Text Messages Are Used in Illinois Courts
Text messages may be admitted as evidence in a variety of legal matters in Illinois, including:
- Criminal cases: To corroborate testimony, establish motive, or link a suspect to illegal activity
- Family and divorce cases: To demonstrate harassment, infidelity, threats, or parental fitness issues
- Personal injury claims: To prove distracted driving, discredit exaggerated injury claims, or show pre-existing conditions
- Employment law disputes: To support claims of workplace harassment, discrimination, or retaliation
- Business and contract cases: To verify agreements, clarify contract terms, or reveal fraudulent conduct
Courts often rely on texts to provide insight into intent, behavior, and relationships. When authenticated and relevant, these messages can be powerful evidence.
Practical Considerations in Chicago and Illinois for Using Text Messages as Evidence in Court
Courts closely scrutinize text messages because they can be easily altered or deleted. To strengthen your case:
- Preserve all relevant text messages as soon as possible.
- Avoid deleting or modifying any digital communications.
- Work with your attorney to obtain phone records or expert analysis if needed.
Deleted messages can sometimes be recovered through forensic tools or service provider records, but older messages are more difficult to retrieve.
Additionally, under the Fourth Amendment, police must have a valid, narrowly tailored warrant to search a phone. Evidence obtained from an overly broad search may be subject to a motion to suppress.
Seeking Guidance for Personal Injury Claims in Chicago, IL
Text messages can significantly impact the outcome of a legal claim—but only if used correctly. If you’re pursuing a personal injury claim in Illinois and believe texts could support your case, speak with a knowledgeable attorney.
The experienced team at Powell & Pisman Injury Lawyers can help you understand your rights, preserve critical evidence, and navigate the legal system with confidence.
If you’ve been injured in an accident in Chicago, IL, don’t navigate the legal process alone. Our dedicated team is here to provide the expert guidance you need to secure the compensation you deserve. Contact our experienced attorneys at Powell and Pisman Injury Lawyers for a free consultation.
We serve Cook County and its surrounding areas:
Powell and Pisman Injury Lawyers
5351 West Belmont Avenue
Chicago, IL 60641
(312) 635-5400
Open 24/7