Q: My husband has a custody trial in a few days. His ex girlfriend has texts of myself and my husbands mom she plans to use
My husbands mom sent her snapshots of texts between myself and his mom when in a heated argument. Will his ex be able to use these in court if my mother in law is not there to testify? Or will it be considered hearsay? Can texts be used from anyone not there to testify even if there are snapshots?
A: You're correct, the texts are hearsay. I'm assuming you're a party opponent. Under some circumstances, communications from a party opponent can be considered admissions. In this case, I don't see how that exception to hearsay applies.
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