How do you submit WhatsApp conversations as evidence in court?
The conversations are submitted with the claim or the defence, usually printed out, with a transcript of the relevant messages and, if possible, the file of the exported conversation. The phone should be kept as it is, without deleting anything, because if the other party denies that the messages are genuine, they will need to be backed up. To do this, the phone can be taken to court, a notarial record (“acta notarial”) can be submitted or a report can be commissioned from a digital forensics expert, which is the strongest option. Ultimately, the judge assesses the messages together with the other evidence.
Alburquerque Abogados
When and how they are submitted
Messages are simply one more piece of evidence and the “Ley de Enjuiciamiento Civil”, Spain's Civil Procedure Act, which is the same throughout the country, requires them to be submitted at the start of the proceedings. The claimant attaches them to the claim and the defendant, to the defence. Later on they are only admitted in specific cases, for example if they were written afterwards or if their relevance arises from what the other party alleges. The usual practice is to submit the following:
- A printout or screenshots of the entire conversation, including any unhelpful messages. The dates and times must be visible and it is advisable for the other person's phone number to be visible too, for example with a screenshot of their contact details.
- A transcript of the messages that matter for the case and, if there are voice notes, of what is said in them, together with the audio file.
- The file generated by WhatsApp's export chat option, which contains the messages with their dates and times, on whatever medium the court accepts.
The pleading should explain who each number belongs to and what each message shows. An awkward message should not be removed. The other party usually has the same conversation on their phone and one cropped screenshot undermines the credibility of all the others.
If the other party says they are fake
A screenshot can easily be tampered with. That is why, if the other party denies that the messages are genuine, it is up to the person submitting them to prove that they are. The most common ways of doing so are these:
- The phone itself, which can be taken to court so that the court clerk (“letrado de la Administración de Justicia”), who officially certifies what is done there, can check that the printout matches what appears on the screen. It is simple, but it does not rule out the conversation having been altered beforehand.
- A notarial record, in which a notary records the messages they see on the phone. It is advisable to obtain it before the proceedings, especially if the phone could be lost or replaced. It does not rule out earlier tampering either.
- A report from a digital forensics expert, who examines the phone and can say whether the conversation is complete and whether anyone has altered it. It is the strongest evidence when authenticity is disputed.
The other party has to state before the trial whether they accept the messages or challenge them, that is, whether they dispute their authenticity. That is why, if you expect them to deny the messages, it is advisable to have the notarial record or the expert's report ready from the outset. If the doubt still cannot be resolved, the judge does not simply discard the messages but assesses them together with the rest of the evidence.
This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.