WhatsApp has become the most used application to communicate. Of course, the content of the messages is a written testimony that is reflected and registered on the platform, but if you need these messages to be evidence in litigation, we will explain how to ensure the validity of WhatsApp in a trial.
It is not uncommon for an interested party to want to use messages sent via WhatsApp as evidence in court . But are these messages denied? Well the answer is not easy to give. The reason is because there is no specific regulation, although it is true that the Civil Procedure Law alludes in one of its articles to the acceptance of electronic means of evidence. According to the article of this law, electronic files of word, audio or image will be denied in court, as well as those tools that can store, know and reproduce words, data, etc.
Despite all this, WhatsApp messages are a complex type of test, so it is always essential to receive advice from a lawyer who controls the matter. What you should keep in mind is that there are ways to make WhatsApp messages valid in criminal or civil judicial proceedings. Next, we explain the steps to follow to know how to ensure the validity of WhatsApp in a trial.
One of the first ways to ensure the validity of WhatsApp messages is to request the verification of the mobile phone by the administration lawyer so that they can give public faith to the messages that are collected on the device. The lawyer upon request of one of the parties can make a record to attest to the content of the messages, the phone numbers involved and all those things related to the conversation.
Another way is through notarial deed. The notary public can attest to the messages in which the applicant has participated and will record the telephone number, dates of the messages and persons intervening in the conversation, etc. It can also be done through a skill test . A computer expert can guarantee that the messages have not been tampered with.
CAN WHATSAPP MESSAGES BE PRESENTED IN COURT?
You have already seen how to ensure the validity of WhatsApp in a trial, but if you are still wondering: Can WhatsApp messages be presented in a trial? We give you the answer below.
Indeed , WhatsApp messages can be presented in a trial, but for a WhatsApp conversation to be fully valid in a trial it must be certified and authenticated, for this you can follow one of the ways that we have indicated in the previous section.
HOW TO BRING WHATSAPP RECORDINGS TO A TRIAL
You already know how to ensure the validity of WhatsApp in a trial, but if you also need to know how to contribute WhatsApp recordings to a trial, then we will show you the steps to follow.
Before, it is advisable that you know that for the recordings provided to be valid, they must be your own recordings, if they are made by a third party that is not part of the conversation, they will be illegal. The recordings must be provided at the trial together with the necessary means to reproduce them and a written transcript of that recording must also be delivered to each of the parties.
WRITTEN MODEL REQUESTING WHATSAPP COLLATION
If you do not know how the document to request the WhatsApp comparison is prepared, then we will show you an example of a written model requesting the WhatsApp comparison.
On the website letradosdejusticia.es you can find a generic model to request in writing the comparison of WhatsApp so that they can be used as evidence in a trial. Access this example document by clicking here .