Text messages and other ESI are hearsay by nature. The hearsay rule blocks admission of out of court statements offered to prove the truth of the matter at issue. But court rules, which vary from jurisdiction to jurisdiction, are full of exceptions and definitions of “non hearsay”.

Are texts hearsay and inadmissible in court?

Admissibility depends on the purpose for which the evidence is sought to be admitted. Evidence is hearsay — and presumptively inadmissible — if it is tendered to make proof of the truth of its contents. ... So then, text messages are not necessarily hearsay: it depends on the purpose for which they are tendered.

Are texts heresay?

Texts or social media posts will almost certainly be allowed as evidence in court. ... Under the rule, if the prosecutor wants to introduce the text message of the defendant, the prosecutor can do that. Oddly enough, if the Defendant wants to introduce a text message he sent, it would be considered hearsay.