In many legal matters, a transcript of an online chat conversation may be helpful if used in court as evidence. These recorded conversations may be preserved for months or years after the initial conversation took place, yet may be relevant in a current or ongoing case. A conversation might provide insight or details regarding a particular issue or personal information that may be helpful. If authenticated and admissible, the conversation could help prove or disprove a certain fact either party is trying to prove. However, there are many factors regarding admissibility of evidence that factor into whether a Live Chat transcript can be used during a trial.
Authenticating Chat Conversations as Evidence
In order to have evidence introduced to the court, it must be authenticated. This process helps ensure the evidence is in fact what the attorney is claiming it to be and was created when and how the attorney claims it was created. Authentication substantiates the evidence to alleviate questions of fraud or misappropriation of facts in order to discourage unjustified opinions. For example, although a certain email or screen name may have been used in a Live Chat dialogue, the court would require more proof that the user was in fact the owner of that user’s account. The party attempting to introduce a Live Chat conversation into evidence must prove that the person having the Live Chat conversation was indeed the owner of the account used, in order to authenticate the conversation and use it as evidence.
The Connecticut Supreme Court recently reviewed this matter regarding the admissibility of a Facebook messenger conversation. The conversation was not admissible as evidence considering the party attempting to introduce it could not in fact prove that the owner of the account was the person conducting the conversation. The opposing party, and Facebook account owner, claimed their account was hacked and someone else participated in the conversation in question. Without further proof as to the identity of the conversing party, the evidence was not authenticated and therefore was inadmissible.
How Chat Conversation Transcripts May Be Admitted
The most ideal and easiest way to get a chat transcript authenticated and admitted into evidence is to receive stipulation or agreement from the person who allegedly had the conversation. Getting the person supposedly responsible for the conversation to admit they were in fact the person involved in the Live Chat conversation will help assure the authenticity of the conversation and encourage its admissibility. Also, if there were other individuals present or involved with the conversation, witness testimony may be helpful as well. A witness’s recollection of the time or details of the incident may help the court achieve authentication of the conversation. Depending on the location and device or computer used for the conversation, camera recordings or computer IP addresses may also offer evidence to prove the identity of the person allegedly having the conversation.