Has anyo9ne entered text messages into evidence? What exactly is the proper predicate?

Thanks
Rachel

What format is it being entered?

When we get record of text messages from the police department it's usually as a photograph that was taken of the cell phone- so I use the photograph predicate (fairly and accurately describes what was photographed) and then admit. Then I'll ask the officer about how he linked the text message to the crime (is it from the defendant, the victim, etc, and how do you know that).

If you've got something that was subpoenaed from the carrier, then I think you'd probably need something along the lines of a business record predicate.

I wouldn't get caught up on the fact that it's a text message, and would instead focus on what it is that you're actually proffering to the court.

I agree--I have admitted them with the photograph predicate and linked it to the defendant through the phone number/name attached to the msg.