Ningbo divorce chat record recording evidence fixed 6 points
In divorce cases, chat records and audio recordings are often the most direct evidence, but whether the materials taken out can be adopted by the court depends on whether the fixed method is legal, complete and true. Many parties took screenshots of several WeChat and recorded several notes, only to find that the other party did not recognize them and the judge did not look at them during the hearing. The reason was not that the content of the evidence was useless, but that the fixed form did not meet the requirements.
1. chat records fixed legality boundary
chat records belong to electronic data, and according to the "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation", electronic data can be used as evidence in civil litigation. However, chat records must be obtained in a legal manner and must not be obtained by illegally invading other people's network accounts, stealing passwords, installing monitoring software, etc. One spouse legally holds his own mobile phone and computer, and saves the information sent to him by his spouse, which is generally recognized as legally obtained.
Can not cross the red line of evidence
logging in to the other party's WeChat account without permission, restoring the other party's deleted records through technical means, and installing screen monitoring software without the other party's knowledge may not only exclude evidence due to illegal acquisition, but may also violate the Personal Information Protection Law or relevant criminal regulations. Evidence collection shall be limited to the equipment and accounts that they have the right to contact, or obtained through legal channels such as the other party's voluntary sending, forwarding, and open group chat.
The authenticity, integrity, relevance of the three review
when the court examines the chat record, it first looks at the authenticity: whether it is the original carrier and whether it has been tampered with. Secondly, look at the completeness: whether only the fragments beneficial to oneself are intercepted; Finally, look at the relevance: whether the content is related to the facts to be proved. All three are indispensable, and evidence collection should be prepared according to this standard.
Complete Evidence 2. WeChat Chat Records
weChat chat records are the most common electronic evidence, but screenshots are often not saved enough. Complete evidence collection shall include: micro-signal information of both parties, chat timeline, text content, voice to text, pictures, transfer records, red envelopes, file transmission, etc.
Recording screen is better than screenshots
screenshots are easily questioned splicing and tampering. Using mobile phone screen recording method, starting from logging in WeChat, the other party's avatar, micro signal and chat record context are displayed in turn, which can prove continuity better than simple screenshots. Keep the network connection when recording the screen and avoid using the simulator or third-party modification tools.
Export raw data
the WeChat client provides chat record migration and backup functions. You can apply to the court or the other party to export the original data in the lawsuit, and if necessary, entrust a third-party appraisal agency to extract and hash the mobile phone data. The original data is the most powerful basis to prove that the chat record has not been tampered.
Voice and Transfer Records
voice messages should be played one by one and converted into text, and the playing process should be reflected in the recording screen. The transfer record should be entered into WeChat wallet bill, showing the transaction time, amount and account of the other party, and applying for WeChat payment electronic voucher if necessary. With only chat text and no transaction vouchers, property claims are difficult to establish.
Compliance Collection of 3. Recorded Evidence
recorded evidence is often used in divorce cases to prove facts such as domestic violence, infidelity, property agreements, and debt recognition. The core of whether the recording is legal or not lies in the recording location, the participants and the way of informing.
The Boundaries of Legal Recording
it is generally considered legal for one spouse to record conversations with the other in a public place or a place where both parties live together. Installing eavesdropping equipment in a third person's private place, hiring others to secretly record, or continuing to record after the other party explicitly refuses, may be considered illegal evidence collection. The key to legitimate recording is that the recording person participates in the conversation or the conversation takes place in a place that he has the right to enter, and does not use means that seriously infringe the legitimate rights and interests of others.
Recordings integrity requirements
recordings cannot be edited, spliced or deleted. When submitting the recording, the text finishing draft should be submitted at the same time, the time node of the key statement should be marked, and the original file in the original recording device should be retained. The court may require the original recording to be played in court to verify the contents of the finishing manuscript.
The content of the recording should point to the facts to be proved.
The recording should contain key information such as time, place, identity of the person, and matters in dispute. The recording, which is vague and unable to confirm the identity of the speaker, has a weak probative force. The recording can begin by allowing the other person to call the name or mention key facts naturally to enhance recognizability.
4. notarization preservation and blockchain deposit certificate.
Notary preservation is an effective means of evidence that may be deleted, tampered with or lost. The notary office can preserve the evidence of mobile phone chat records, web page content, audio and video recordings, etc., and issue a notarial certificate to prove the time, content and process of evidence collection. The evidence of notarization preservation has higher proof power in litigation.
Application of blockchain depository certificates
the blockchain depository platform can generate timestamps and hash values for electronic data to prove that the data has not been tampered with after being fixed. When using, you should choose a depository platform with judicial recognition qualifications, and record the data source, fixed process and hash value when depositing the certificate. Blockchain certificates cannot replace the original carrier, but can be used as an auxiliary means to prove integrity.
The cost trade-off between notarization and depository.
Notary fees are charged according to the number of pages, duration and complexity, and are costly for a large number of chat records. You can save the complete recording screen by yourself, and then notarize the key pages and key recordings or store the certificate in the block chain, taking into account the cost and proof force.
5. Evidence Chain Collation and Proof Strategy
A single piece of evidence is often not sufficient to prove the facts to be proved and a chain of evidence needs to be formed. For example, proving derailment requires mutual confirmation of chat records, transfer records, photos, videos, travel records, etc. Proof of domestic violence requires the joint support of alarm records, injury photos, medical records, witness testimony, audio recordings, etc.
Production of evidence catalogue
before the prosecution, a catalogue of evidence shall be made, specifying the name, source, purpose of proof and page number of each group of evidence. The electronic evidence shall indicate the storage location of the original carrier, whether it is notarized, and whether to submit a CD or U disk. The clear catalogue of evidence helps the judge to grasp the key points quickly and also facilitates the targeted cross-examination in the trial.
Pre-court submission and in-court presentation
electronic evidence should be submitted within the time limit for proof, and the original carrier should be demonstrated in court if necessary. If the original phone is inconvenient to carry, you can burn a disc or make a trusted time stamp file in advance, but the court may still require the original device to be displayed. Before the demonstration, ensure that the equipment has sufficient power, the account can be logged in, and the records have not been cleared.
6. case proof
according to similar adjudication rules, if one party submits screenshots of WeChat chat records to prove that the other party is at fault, but the other party denies the authenticity and cannot provide the original carrier, and the chat records are obviously incomplete, the court usually does not accept the evidence. However, if the micro-signal, chat context and transfer record can be displayed by recording the screen and the original mobile phone can be provided, the proof force is obviously higher, and the proportion of relevant facts being accepted is higher. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.
According to similar adjudication rules, one party submits a recording to prove property agreement or debt recognition. If the recording is a dialogue between the two parties in the common residence, the recording content is clear and complete, there is no editing and splicing, and can be mutually confirmed with the bank flow, the court usually accepts it. If the recording is secretly recorded in the private place of a third party or there are threats or inducements, it may not be adopted due to illegal acquisition or damage to authenticity. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.
7. Risk Alert
- only submit screenshots without the original carrier: when the other party denies the authenticity, the evidence is easily excluded.
- Illegal access to chat records: invading the other party's account, installing monitoring software to obtain evidence, may bear legal responsibility and lead to invalid evidence.
- Recording clips or inducements: Incomplete recordings or obviously inducements can weaken the probative force or even be denied.
- Ignoring the chain of evidence: a single chat record cannot prove infidelity or domestic violence, and more evidence is needed to confirm each other.
- Submission beyond the time limit for proof: Electronic evidence should also be submitted within the time limit for proof, which may be rejected.
8. FAQ
can screenshots of WeChat chat records be used as evidence?
Yes, but the proof is weak. It is best to save the complete chat process by recording the screen and keep the original mobile phone. If the transfer is involved, the WeChat payment bill should be submitted at the same time.
Does the recording need the consent of the other party?
Not necessarily. Recording of conversations between the two parties or in a common place of residence is usually legal and valid; however, installing equipment or eavesdropping in other people's private places is illegal evidence collection.
What if the chat record is deleted by the other party?
If you still keep a complete record in your mobile phone, you can prove it with your own equipment. If both parties delete it, they can try to apply for a court investigation order to retrieve WeChat server data or entrust an appraisal agency to restore the data, but the success rate depends on the data preservation.
The cost of notarization is high, is it necessary?
For key evidence that is easy to be deleted or tampered with, notarization or blockchain storage is recommended. The weight of the evidence can be weighed against the economic cost.
Practical Experience of 9. Lawyers
whether electronic evidence such as chat records can be used depends on three points: the way of obtaining is legal, the content is complete, and the source is true. WeChat records should not be handed in just after cutting off a few pictures, but should show both sides of the conversation, continuous context and time, and keep the original mobile phone or computer for checking during the court session. The information sent to you by the other party is generally no problem if you save it yourself. On the other hand, the content obtained by stealing the account number and installing the monitoring software is likely to not be adopted and may cause trouble to yourself.
The recording should be recorded in the dialogue in which you participate, do not invade other people's private space, and do not secretly record the conversation of a third person. After recording, it is best to put it into words, indicating the time, participants and key sentences for the judge to check. For evidence that is important to oneself and is worried about the withdrawal or deletion of the other party, notarization and preservation or block chain deposit are done as soon as possible. This step is very useful at critical moments-many parties suffer losses and eat when the evidence is deleted by the other party before the hearing, leaving only a screenshot with no source in their hands.
In terms of proof strategy, chat, recording, transfer and testimony should be linked into a chain to serve a specific claim, and scattered single evidence is difficult to be accepted. When submitting, a list will be made, itemizing what it wants to prove. The original carrier should be brought with it when the court session is held, which is convenient for on-the-spot check. At the same time, the parties concerned are reminded not to cross the line in obtaining evidence-materials obtained by illegally invading other people's residences, stealing account numbers and passwords, and monitoring others may not only be excluded, but also may cause the other party to claim rights in turn, turning itself from the occupying party to the passive party.
Chat records and audio recordings are high-frequency evidence used in divorce cases, but the value of evidence is not equal to "having it". Legal acquisition, complete preservation, the original carrier, the chain of evidence, the four conditions are indispensable. It is suggested that the parties concerned should develop evidence awareness at the early stage of intensification of conflicts: important dialogues should be recorded or backed up as much as possible, transfer records should be saved on the bill page in time, and key recordings should be kept in the original documents and the text should be sorted out. If the evidence involves a large amount of money, the facts are complex or may be lost, the early handling of notarization preservation or blockchain deposit can significantly improve the evidence in litigation. What needs to be emphasized is that the red line of evidence collection cannot be crossed. The illegally obtained evidence is not only invalid, but may also trigger new legal responsibilities.