[Editor’s Note: Alicia Penn joined the NLST in September of 2023 from the District of South Carolina Federal Defender Office, where she represented clients charged with offenses involving everything from turtles to terrorism. A career Public Defender, she was forced to become proficient in electronically stored information after being assigned a 3-terabyte lottery scam case in 2013. Ever since, she has worked to adapt to the ever-changing electronic landscape and make it work in favor of her clients. In her new role her goal is to provide practical solutions to technological problems.]

Are screenshots of text messages admissible? The answer is everyone’s favorite: it depends!

There is no federal rule expressly forbidding the use of screenshots of text messages in court, but not all relevant evidence is admissible. To get a screenshot admitted and considered by a judge or jury there are procedural hurdles to overcome. Conversely, if your goal is to keep a screenshot out, the federal rules give you a framework to argue against admission.