Text messages submitted in initial affidavit

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11 July 2017
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Greeting new to all this, and new to loosing my daughter....im about to apply to circuit court in Syd, Question: I have numerous messages from mother yet the phone has died, have recovered most messages from phorensic phone mob and added those text to ky initial affidavit, will I be asked in court to provide physical evidence of messages?...
These messages were typed and put in a Excell spread sheet and emailed to my solicitor who was helping me with child abuse allegation in an AVO matter in Sept. 2016 which the court dismissed....i have hard copy of this
 

AllForHer

Well-Known Member
23 July 2014
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It can be declared inadmissible evidence if you can't show the original text messages because it jeopardises their legitimacy. All the same, include what you have and let the Court decide on its admissibility. The other parent may simply agree to their content which means the Court won't need to make a determination of its own as to their credibility.
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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If there's real concern as to admissibility, see if the tech who recovered the data is willing to give an affidavit explaining the situation, what they did and the results.
 
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Corinne

Well-Known Member
31 October 2015
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Text messages were used in the case I was involved in but as it was settled by consent at interim, the judge didn't have a chance to ask for physical evidence. But both the lawyer and barrister accepted the printout of messages. I think it's only an issue if the other party denies them.
 
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11 July 2017
2
0
1
It can be declared inadmissible evidence if you can't show the original text messages because it jeopardises their legitimacy. All the same, include what you have and let the Court decide on its admissibility. The other parent may simply agree to their content which means the Court won't need to make a determination of its own as to their credibility.
I thought so much....bloody hell....thank you if there is still a god out there may he bless you yhank you