Legal Question in Technology Law in Missouri

Messenger Conversations

Can MSN Messenger conversations that were saved without a person's knowledge be used as evidence in a court room?


Asked on 9/11/03, 8:50 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Messenger Conversations

There are a number of evidentiary hurdles a person might have to clear in order to get this evidence admitted at trial. First, the person would have to show that the MSN conversations were actual transcripts, that the person identified as the sender was the actual sender, and that the other foundation issues were met.

Assuming a proper foundation could be laid for the conversations, and they could be properly authenticated, then they could probably be used. However, Every case like this rests on its facts.

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Answered on 9/11/03, 9:33 pm


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