Ever wondered how a single text message could decide the outcome of your Florida lawsuit? In civil litigation, digital evidence is king—and text messages are often the most decisive proof. Florida courts increasingly rely on texts to establish timelines, intent, and agreements. But if you delete or fail to preserve relevant messages, you risk sanctions, fines, or even losing your case.
Under Fla. R. Civ. P. 1.310(b)(6) and 1.380, once you anticipate litigation, you must preserve all evidence—including text messages. Florida Statute § 90.952 requires original evidence, meaning screenshots may not be enough. Courts expect parties to save texts in their native format, back up devices, and avoid any alteration or deletion. Our firm has seen cases hinge on a single message, with judges imposing severe penalties for spoliation (destruction of evidence).
The biggest mistake? Deleting messages or relying solely on screenshots. If you’re unsure what to save, err on the side of caution. Preserve all texts related to the dispute, keep backups, and consult a Florida litigation attorney immediately. Deadlines can be tight, and once evidence is gone, it’s often gone for good. Protect your rights—preserve every message.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice, and laws and legal interpretations may change after the date of publication.
Written by:
Gil Sánchez, Esq.
CEO | Civil Trial Attorney
Black Rock Trial Lawyers
Abogados Law
