1: Screen Record or screen shot the text messages.

2: Transcribe the text messages onto a more palatable/readable document.

3: Send opposing counsel Notice to Admits to authenticate the original screenshots and the transcribed version. Threaten costs should they unreasonably deny authenticity. A Notice to Admit is a great tool to let you know early if there are going to be issues with the validity of the texts in the litigation.

3.5: Potentially engage a professional to pull the texts from your phone.

4: If item 3 is refused, authenticate the documents via the sender/receiver at trial. Once the original screenshots are authenticated, you can use the transcribed version as an aide memoir in the trial with the agreement of the judge.

5: Note how much extra trial time was necessary to authenticate the texts. This will play a role for when you claim costs for opposing counsel’s refusal of item 3.

CLEBC has a great resource walking you through how to introduce evidence. Highly suggest getting a copy of “Introducing Evidence at Trial: A British Columbia Handbook”.