Can emails and text messages be considered "IN WRITING" in the State of texas

[Jaimea]

Jurisdiction

Texas

We ended our lease early but paid out the remainder of the lease. We moved out on 4/12 and have emails and text messages that show she agreed to us vacating the house on that day. We turned off the utilities on the last day we lived in the house. She is now billing us for the utilities for the month of May even though we did not live there. When I asked her why she said we had to keep the utilities on till the end of the lease. I said that we agreed by text message and emails that our last day was 4/12. She says that that does not count as in writing. Would the emails and text messages hold up in small claims court?

 

[army judge]

Would the emails and text messages hold up in small claims court?

That is normally up to the JP trying the case.

In my experience in Texas, most JPs won't accept text messages or emails as proof, meaning some do.

 

[Michael Wechsler]

Yes, they are admissible. Most small claims courts and in Texas have a much lower standard of rules of evidence.

"The Texas Rules of Evidence do not apply in Justice Court except when the judge hearing the case determines that a particular rule must be followed to ensure that the proceedings are fair to all parties, or when otherwise specifically provided by law or the Rules of Practice in Justice Courts"

The problem is you have no concrete proof they even received the messages and agreed to those terms. To be evidence both parties would have to agree the contents are correct. Just an example they could say they never received the messages. Unless you have something concrete to prove otherwise, it becomes inadmissible. Even a sign for registered letter, they can say its not my signature. Unless you can get the mailman who delivered the letter to testify, it can become of no weight in court. Texas requires security deposits in most areas. An example of more weight on the contents of an email, you have receipt of the security deposit returned within the required 30 days of the end of tenancy date.

Or you subpoena the mobile or cell phone service provider to obtain a copy of the text messages sent over their networks. They do have some retention and this is how you can verify whether a text message was actually sent on a network.

And no, both parties do not have to agree that the contents are correct in order for evidence to be considered admissible. Frequently one party is lying and, sadly, perjury isn't prosecuted as vigorously as it should be. Didn't the Tom Brady case involve text messages? (The New England Patriots quarterback.) The retention period of service providers regarding text messages varies. The cell phone service providers can be subpoenaed, such as Verizon Wireless, Sprint, T-Mobile and AT&T.

Now regarding the Texas small claims courts and appearing before a Justice of the Peace - they certain CAN apply the rules of evidence if they determine that it is fundamental to fairness. In fact, I'd say that @army judge is not only correct because he'd really know but also because logically it makes sense. The rules of evidence are supposed to be about fairness to both parties. While the rule cited by you above reads as it does, the understanding is that those special courts are informal places, designed to be less rigid. Hence there is a more liberal application of the rules of evidence which are inherently designed so as to ensure a fair proceeding. And as @army judge said, some will some won't allow the text messages into court -- especially when they aren't even within a phone application which would illustrate a probably lack of tampering or falsification versus text messages purportedly made printed out on a sheet of paper.

Perhaps you can explain where you're obtaining your information from. If it is from reading what is stated on other websites, it could explain your answer. Sometimes the words are there on the page from an attorney but the meaning and application may not be as clear.