Evidence Intake: Photos, Texts, Email

How to capture, preserve, and organize records so they're usable later.

Capture: Lock It Down Immediately

When capturing evidence, timing and completeness are critical:

Text Messages: Screenshot the ENTIRE conversation thread including timestamps and phone numbers. Capture multiple screens if needed to show context. Never crop or edit. Back up to cloud storage immediately.

Emails: Save as PDF with full headers visible (sender, recipient, date, subject). Download attachments separately. Print a backup copy and note any replies or threads.

Photos: Take multiple shots from different angles including context (room, building). Don't alter, filter, or crop original files. Note date/time/location in metadata and store originals separately from any edited versions.

Preserve: Don't Lose It

  • Use three storage locations: device, cloud, external drive
  • Don't delete originals, even if you have copies
  • Create dated folders using YYYY-MM-DD format
  • Name files descriptively: `2026-01-15_text_custody_exchange.png`
  • Keep access logs if possible

Organize: Make It Findable

Create a Master Index: Use a spreadsheet with columns for date of incident, type of evidence (text/email/photo), file name, brief description, relevance to case (custody/support/contempt), and storage location.

Use Consistent Naming: Follow the format `YYYY-MM-DD_type_topic_sequence.ext`. Examples:

  • `2026-01-15_text_missed_pickup_01.png`
  • `2026-02-03_email_threat_financial_01.pdf`
  • `2026-03-10_photo_property_damage_01.jpg`

Chronological Timeline: Create a simple timeline document showing date, what happened, evidence file names, and any witnesses.

Authentication: Prove It's Real

Courts won't accept evidence if you can't prove it's authentic. Be ready to testify about your evidence:

For Text Messages: State this is your phone number, this is the other party's number, you took these screenshots on a specific date, and you haven't altered the images.

For Emails: Print with full headers, verify sender domain matches known email, and note if you replied (shows authenticity).

For Photos: Testify you took the photo on a specific date, identify the location/object/person, state it accurately represents what you saw, and confirm you haven't edited or altered it.

Red Flags to Avoid

  • Screenshots with battery/time cropped out (looks suspicious)
  • Edited photos without disclosure
  • Missing context (one text without conversation)
  • Unclear dates or sources
  • No backup copies

Day-of-Hearing Preparation

  • Print all key evidence with exhibit labels
  • Bring digital copies on USB drive
  • Have your master index ready
  • Know your authentication testimony for each piece
  • Organize in chronological order

Frequently asked questions

QHow much evidence is too much?
AFocus on quality over quantity. Each piece should directly support your case. If you have 50 similar texts, choose the 5 most relevant. Courts appreciate concise, organized evidence more than overwhelming volume.
QWhat if I didn't document something when it happened?
ADocument it now as best you can. Write down what you remember with approximate dates. Note that you're recalling from memory. Some evidence is better than none, but acknowledge the limitations.
QCan I organize evidence the night before my hearing?
AYou can, but it's risky. Last-minute organization leads to mistakes, missing documents, and poor presentation. Start organizing as soon as you know you're going to court. Even basic organization (chronological folders) done early beats perfect organization done in a panic.

Sources

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