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An SMS can be taken into account during a divorce procedure . If so, how and what conditions must be met for this evidence to be admissible?
Can the judge accept an SMS as evidence?
Since a decision of the Court of Cassation, the judges admit the SMS as evidence in divorce proceedings. You should know that in French law, the principle is respect for privacy and the inviolability of correspondence except in matters of divorce where proof is made by any means. A letter, an e-mail and now an SMS are therefore admissible in front of a judge on the condition, however, that they were not obtained by violence or fraud.
How to produce this SMS in court?
You must fully transcribe the text of the SMS, specifying the sender’s number, the recipient’s number and the date and time of receipt. This transcript and the cell phone in question must then be presented to a bailiff. The latter will check the conformity of the transcription and will draw up a report of findings which will be produced before the judge.
How to dispute an SMS in court?
To dispute an SMS presented as evidence in divorce proceedings, you must prove to the judge that it was obtained by violence or fraud.
Société d’Avocats DAMY , Nice, Is an SMS admissible in the event of a divorce? 2022 Update