Capture: Lock It Down Immediately
When capturing evidence, timing and completeness are critical:
Text Messages: Screenshot the ENTIRE conversation thread including timestamps and phone numbers. Capture multiple screens if needed to show context. Never crop or edit. Back up to cloud storage immediately.
Emails: Save as PDF with full headers visible (sender, recipient, date, subject). Download attachments separately. Print a backup copy and note any replies or threads.
Photos: Take multiple shots from different angles including context (room, building). Don't alter, filter, or crop original files. Note date/time/location in metadata and store originals separately from any edited versions.
Preserve: Don't Lose It
- Use three storage locations: device, cloud, external drive
- Don't delete originals, even if you have copies
- Create dated folders using YYYY-MM-DD format
- Name files descriptively: `2026-01-15_text_custody_exchange.png`
- Keep access logs if possible
Organize: Make It Findable
Create a Master Index: Use a spreadsheet with columns for date of incident, type of evidence (text/email/photo), file name, brief description, relevance to case (custody/support/contempt), and storage location.
Use Consistent Naming: Follow the format `YYYY-MM-DD_type_topic_sequence.ext`. Examples:
- `2026-01-15_text_missed_pickup_01.png`
- `2026-02-03_email_threat_financial_01.pdf`
- `2026-03-10_photo_property_damage_01.jpg`
Chronological Timeline: Create a simple timeline document showing date, what happened, evidence file names, and any witnesses.
Authentication: Prove It's Real
Courts won't accept evidence if you can't prove it's authentic. Be ready to testify about your evidence:
For Text Messages: State this is your phone number, this is the other party's number, you took these screenshots on a specific date, and you haven't altered the images.
For Emails: Print with full headers, verify sender domain matches known email, and note if you replied (shows authenticity).
For Photos: Testify you took the photo on a specific date, identify the location/object/person, state it accurately represents what you saw, and confirm you haven't edited or altered it.
Red Flags to Avoid
- Screenshots with battery/time cropped out (looks suspicious)
- Edited photos without disclosure
- Missing context (one text without conversation)
- Unclear dates or sources
- No backup copies
Day-of-Hearing Preparation
- Print all key evidence with exhibit labels
- Bring digital copies on USB drive
- Have your master index ready
- Know your authentication testimony for each piece
- Organize in chronological order
Frequently asked questions
QHow much evidence is too much?▾
QWhat if I didn't document something when it happened?▾
QCan I organize evidence the night before my hearing?▾
Sources
- Federal Rules of Evidence - Rule 901 — Authentication requirements for evidence
- Digital Evidence and Forensics — Digital evidence preservation standards and best practices
- Federal Rules of Evidence — Complete text with annotations on evidence standards