Show Me The Receipts
It looks like this question I answered on Avvo today really spoke to me, given the length (and quality IMHO) of my answer. As such, and because I haven’t made a post on this blog in so long, I’m reposting it here. Here’s the question, followed by my amazing answer.
“Can I use screenshots printed out in a custody hearing? my kids mother has a few choice words that I feel can help me in my hearing as far as leaving decisions to my kids and my presence not being a priority of hers ? Can I use these screenshots in court and how do I do so?”
Probably. The exact procedure will vary by jurisdiction, and maybe even by courtroom. But I have a few bulletpoints of general advice.
* How do you prove that these screenshots are what you say they are? If the person is available and willing to state in court that the screenshots accurately depict what you say they do, then that's great. Otherwise, is the person who made the screenshots willing and able to state in court how they made the screenshots and how they know that the "few choice words" were uttered by your "kids mother"?
* How will you submit the screenshots? If this is an in-person hearing, I would print out a copy for you, a copy for the court, a copy for every other party in the courtroom, a copy for any witness(es) you have to question about them, and a few extras just in case. If this is one of those Zoom hearings that are all the rage these days, you may be able to submit the photo file digitally. Either way, the court may want exhibits like this submitted beforehand, or may have other requirements. I would recommend contacting the court clerk ahead of time to check about their rules and procedures. As much fun as it may sound to be able to whip out surprise evidence mid-hearing, I wouldn't recommend trying it if you are representing yourself. (Having finished typing that last sentence, I recognize that others may disagree.)
* Plan to be able to explain in court exactly what you are trying to present. Are these phone screenshots of a conversation between two people? Make sure you can effectively explain what the app is and why this might look different from the only app that the judge uses on their phone (assuming they even text at all). If it's Facebook or Twitter or LinkedIn or one of those type of services, be prepared to explain what that is and how it works.
* If there is a way to make the content of the screenshot more self-explaining, do that. If this is a text conversation, does the screenshot depict the phone numbers involved or the contact names? Contact names may be easier to understand, but then how will you establish that you didn't just send those messages from a different number and then assign that number to your "kids mother"? If it's a Facebook post or something else that can be accessed from a web browser, perhaps you want to take a screenshot of the web version with the website URL in the screenshot, especially if it's a publicly available post and the URL includes a username that your "kids mother" will admit belongs to her profile.
* Perhaps most importantly, plan to be able to explain in court the exact relevance of what you are trying to present. You indicate that you believe that your "kids mother"'s "few choice words" "can help [you] in [your] hearing as far as leaving decisions to [your] kids and [your] presence not being a priority of hers." It is critical, though, that you be able to explain in court how this evidence is relevant. Does it prove that she is lying to the court about something? Then it's probably relevant. Does it establish something directly relevant to the custody of your child? Great. Does it make her look like a bad person, or someone who spends her free time in embarrassing ways? Ehhhhhhhh.
That you're thinking about all of this beforehand and asking about it on this site is a good sign. I would be remiss, though, to not mention that for something as important as this appears to be to you, retaining an attorney to represent you would be a great idea if you can do it. Good luck!