Can a photo sent by a spouse fromtheir cell phone to the other spouse, be used in court during a divorce proceeding?

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Can a photo sent by a spouse fromtheir cell phone to the other spouse, be used in court during a divorce proceeding?

Is there any way to prevent the photo from being admitted during the trial?

Asked on November 29, 2011 under Family Law, Texas

Answers:

Jonathan Baner / Baner and Baner Law Firm

Answered 10 years ago | Contributor

There are all sorts of ways.  You need to consult the rules of evidence to determine its admissibility.  However, your basic question is not possible to answer as it lacks context.  What does the picture display? When was it sent? How is it established who sent it? For what purpose is it being introduced?  Does it contain priviledged information?


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