Message Preservation
Why is it important to properly preserve text messages and messaging app content?
Text messaging and messaging apps (such as WhatsApp) are one of the most popular ways that people communicate on a daily basis. Therefore, it’s no surprise that text messages, iMessages and content in popular messaging apps (such as WhatsApp messages) are often used in court proceedings, settlement conferences and mediations. It is important for our clients to preserve text messages in a manner that will include information that will help prove the authenticity of the messages to admit them into evidence in court.
Screenshots
Text messages are frequently provided in the form of cell phone screenshots. However, screenshots only capture what is on the phone screen at that time. This can be very time consuming when dealing with a long conversation and instructions vary from device to device. In addition, a screenshot does not always give clear information needed for court, such as date and time stamps and the contact information for the participants (screenshots rely instead on contact names).
Authenticity
We therefore recommend that you utilize a software which is designed to preserve messaging data in a format that will be admissible based on assurances of authenticity in a legal proceeding. Often, we ask that clients come in and bring their devices to us for discovery to be performed. However, this depends on the case. If you have any questions, you should ask your attorney for guidance.
What are some options for message preservation software?
Disclaimer:
The information concerning these messaging applications is taken from the licensors’ respective websites as of the time of writing and subject to change. Jones & LoBello makes no representation or warranty as to the quality or functioning of these applications or their services. In addition, Jones & LoBello makes no representation or warranty that the Court will admit your messages into evidence or consider them in your proceeding. The messaging preservation software is simply to help overcome certain legal technical objections relating to authenticity and e-discovery matters and help ensure that your messages are preserved.
Below are a few of the options that we are aware of:
| Software | Device Compatibility | Messages Supported | Pricing |
| TouchCopy (PC) | ☒ iOS iPad & iPhone
☐ Android ☒ PC ☐ Mac |
☒ SMS
☒ MMS ☒ iMessage
|
$30 for 12-Month License for one (1) PC
OR $40 for Lifetime Software License for two (2) PCs |
| DroidTransfer | ☐ iOS iPad & iPhone
☒ Android ☒ PC ☐ Mac |
☒ SMS
☒ MMS
|
$30 One-Time Purchase |
| SMS Backup Print & Restore
|
☐ iOS iPad & iPhone
☒ Android ☐ PC ☒ Mac |
☒ SMS
☒ MMS
|
Available on GooglePlay |
| iExplorer | ☒ iOS iPad & iPhone
☐ Android ☒ PC ☒ Mac |
☒ SMS
☒ MMS ☒ iMessage
|
$39.99 for one (1) license
$49.99 for two (2) licenses |
| Decipher Chat | ☒ iOS iPad & iPhone
☐ Android ☒ PC ☒ Mac |
☒ Whats App
|
|
| Decipher
Insta Export |
☒ iOS iPad & iPhone
☐ Android ☒ PC ☒ Mac |
☒ Instagram Direct Messages | $19.99 One-Time Purchase (bundle discounts offered)
|
| Decipher Messenger Export | ☒ iOS iPad & iPhone
☐ Android ☒ PC ☒ Mac |
☒Facebook Messages |