Want to get text messages into evidence? Be sure to lay a good foundation, Mike Lied warns in the most recent issue of Trial Briefs, newsletter of the ISBA's civil practice section. He reviews People v. Watkins, where the third district held that the trial court abused its discretion by admitting text messages despite the defendant's objection.

"The only evidence presented by the state to authenticate the text messages was (1) the cell phone was found in the same house as Watkins, and (2) some of the messages referred to, or were directed at, a person" with the same first name as the defendant, Lied writes. "In the appeals court’s opinion that evidence was not sufficient to properly authenticate the text messages as being sent to Watkins."

Also, "there were no cell phone records to indicate that the phone belonged to or had been used by Watkins or anyone else at the residence," Lied observes. "There was no eyewitness testimony to indicate that the phone belonged to or had been used by Watkins or that the messages were sent to Watkins."

As for the police officer who found the phone, his testimony "was not sufficient to authenticate the text messages because [he] had no personal knowledge of the text messages and had no idea who was the owner or user of the cell phone," Lied writes. Read his article and find out more.