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[ME] [ME] Can I use texts as evidence in an eviction hearing?

We are working on collecting evidence for an eviction hearing for our tenants. Some of our evidence is in text messages. How do I present it in court?

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Jon
Jon

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If you’re planning to use text messages as evidence in a Maine eviction hearing, it’s important to be careful with how you collect and present them. While there’s no single required format under Maine law, courts prefer clear, well-organized printouts that are easy to follow and verify. To be accepted, the messages need to be relevant to the case—like those discussing unpaid rent, lease violations, or repair issues. You’ll also need to prove they’re authentic and unaltered, showing they came from and were sent to the right people.

Texts can be considered hearsay, but there are exceptions. For instance, if the tenant sent a message, it might be allowed as an “admission by a party opponent.” Maine courts also follow the best evidence rule, so ideally, you should provide the original message or a reliable copy. Thankfully, screenshots and printouts are usually fine if they’re complete and clearly show the date, time, and contact info.

When it comes to presenting them in court, printouts are better than showing texts on your phone. They’re easier for a judge to review, mark as exhibits, and include in the case file. Make sure to organize them in the order they were sent and received. Include the full conversation to provide context, not just selected parts. It’s fine to highlight or circle important sections, but avoid adding personal comments directly on the pages.

Be ready to testify that the messages are accurate copies and that you recognize the people involved. It helps to point out things within the texts—like specific events or familiar language—that show they’re genuine. Having your phone in court with the original messages can be helpful if any questions come up.

When preparing messages, take clear, full screenshots that show date, time, and sender info. For long threads, you might use software that organizes the messages into a clean, printable format. Never crop or alter the messages—doing so can damage their credibility. And always keep backups in case your phone is lost or damaged.

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We are working on collecting evidence for an eviction hearing for our tenants. Some of our evidence is in text messages. How do I present it in court?

Lexi

Lexi, Chatbot

I understand the importance of presenting your evidence effectively. Have you already saved these text messages in a specific format for the hearing?

Not yet, is there a preferred format?

Lexi

Lexi, Chatbot

Are you looking for guidance on how to authenticate these text messages for the eviction hearing?

We want to know the best format to submit them.

Lexi

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured, they'll be able to help with submitting text messages.

No

Jon

Jon

Hello! I'm delighted that you've chosen to contact us for assistance. My name is Jon, and I'm here to assist you as an attorney.

I understand that dealing with legal issues can be stressful and confusing. Don't worry, I'm here to help, and I hope to provide you with a solution to your problem.

Jon

Jon

What state are you filing, or have filed, this case in?

Maine

Jon

Jon

Ok, and you want to know if and how you can admit texts as evidence?

Yes

Jon

Jon

Understood! I think I have all the information I need, but is there anything else you'd like to add before I get started on your answer? If not, I'll start working on a response for you right away.

I was also wondering, if they file an appeal is that considered on it's merits at any time before the court date or do we potentially have to wait weeks or months before that would happen?

Jon

Jon

Got it. I just need a few minutes to finish typing out a complete response for you. It won’t take long, typically around 5 minutes or so.

To clarify my ask on the texts, we have evidence of a couple of types: texts, photos, documents, emails, and a general timeline of events. I would like to know how best to format to present this information.

Jon

Jon

Understood, just give me a few minutes as there is a bit to type out to answer that.

Thank you.

Jon

Jon

If you’re planning to use text messages as evidence in a Maine eviction hearing, it’s important to be careful with how you collect and present them. While there’s no single required format under Maine law, courts prefer clear, well-organized printouts that are easy to follow and verify. To be accepted, the messages need to be relevant to the case—like those discussing unpaid rent, lease violations, or repair issues. You’ll also need to prove they’re authentic and unaltered, showing they came from and were sent to the right people.

Texts can be considered hearsay, but there are exceptions. For instance, if the tenant sent a message, it might be allowed as an “admission by a party opponent.” Maine courts also follow the best evidence rule, so ideally, you should provide the original message or a reliable copy. Thankfully, screenshots and printouts are usually fine if they’re complete and clearly show the date, time, and contact info.

When it comes to presenting them in court, printouts are better than showing texts on your phone. They’re easier for a judge to review, mark as exhibits, and include in the case file. Make sure to organize them in the order they were sent and received. Include the full conversation to provide context, not just selected parts. It’s fine to highlight or circle important sections, but avoid adding personal comments directly on the pages.

Be ready to testify that the messages are accurate copies and that you recognize the people involved. It helps to point out things within the texts—like specific events or familiar language—that show they’re genuine. Having your phone in court with the original messages can be helpful if any questions come up.

When preparing messages, take clear, full screenshots that show date, time, and sender info. For long threads, you might use software that organizes the messages into a clean, printable format. Never crop or alter the messages—doing so can damage their credibility. And always keep backups in case your phone is lost or damaged.

Jon

Jon

If your tenants file an appeal against an eviction judgment, you will almost certainly face a significant delay before the matter is resolved. An appeal is not quickly reviewed on its merits before a scheduled court date; instead, it initiates a new, formal legal process that typically takes weeks or even months to conclude. Once an initial judgment is issued in District Court, the tenant usually has a narrow window—generally until a "Writ of Possession" is issued (often seven days after judgment) or 30 days after judgment, whichever is first—to file their appeal.

When an appeal is filed, the case moves from the District Court to the Maine Superior Court. The Superior Court's role is primarily to review questions of law, assessing whether the lower court correctly applied legal principles and procedures, rather than conducting a new trial with fresh evidence. This process involves assembling the record of the original trial, which can take several weeks, followed by a briefing schedule where both parties submit written legal arguments. This briefing phase alone can add substantial time.

Finally, the Superior Court will review the case, possibly scheduling an oral argument, before issuing a decision. Due to these procedural steps and potential court backlogs, the entire appeal process can extend the overall eviction timeline by weeks or even many months.

If part of the evidence is our firsthand conversations, how can we credibly present that?

Jon

Jon

The most credible way to present your firsthand conversations as evidence in a Maine eviction hearing is through your sworn testimony. You'll take the witness stand and recount what was said, using your personal knowledge.

Focus on accurately relaying the conversation, stating who said what, and providing context for the discussion. It's crucial to concentrate on the parts of the conversation directly relevant to your eviction case, such as agreements about rent or acknowledgments of notices.

Great, thank you that helps

Jon

Jon

Very welcome! I do hope the information I provided was helpful and addressed your question. If there's anything else you need, please don't hesitate to reach out—I’m always happy to assist. Wishing you a fantastic day ahead!

Jon

Jon

556 satisfied customers

Jon
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