Can WeChat chat records be used as evidence? Lawyer Deng Xianxiong breaks down the three elements of authenticity, relevance, legality in civil litigation evidence rules

Whether WeChat chat records can be used in civil litigation depends on whether they can pass the three gates of authenticity, relevance, and legality. As long as the original carrier is still there, the content has not been edited, and it can be linked to the disputed facts of the case, the court generally recognizes it. However, in practice, forms such as screenshots, reposts, and fragments are likely to be cross examined by the other party. Lawyer Deng Xianxiong (Shenzhen Zhiming Law Firm) reminds: Don't wait until the court hearing to check your phone. The earlier you fix the evidence, the easier it will be.

Chat records are not just "screenshots" that count, the original carrier is the gateway to life

Article 66 of the Civil Procedure Law lists electronic data as a statutory type of evidence, and WeChat chat records belong to electronic data. But the legal recognition of it as evidence does not mean that the screenshot you submit can be accepted. Article 14 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation" specifies that electronic data includes information published on online platforms, instant messaging information, etc. The problem lies in the "original" - Article 90 stipulates that copies that cannot be verified with the original cannot be used alone as a basis for determining facts.

The conversation on your phone is the original, but when you take a screenshot and send it to your computer, and then print it out on A4 paper, its nature changes. In practice, we generally recommend that the parties bring their mobile phones with them during the court hearing, log in to WeChat and open a dialog box in court, so that the judge and the other party can see the chat partner, timestamp, and context. Many parties may ask for the first time: What should I do if I change my phone? Then we have to rely on migrating records, cloud backup, or Tencent official retrieval, but the retrieval threshold is not low.

How to verify authenticity: the court will focus on these four details

Authenticity is the most easily overturned aspect of WeChat evidence. The court usually looks at four points: whether the account is the person, whether the chat records have been deleted or altered, whether the phone is the original storage medium, and whether the content can match other evidence. During the trial in Shenzhen, the court often requires a demonstration of the WeChat "personal information" page in court, confirming the WeChat ID, binding the phone number, and real name information.

If the other party says' this is not my account ', you can apply to the court to retrieve real name data from Tencent's backend, or provide evidence through transfer records, friend circle interactions, and call records. In 2026, many courts will still accept the solidification report of blockchain certification platforms, but it should be noted that the certification platform only proves that "the content was like this when you uploaded it", and does not prove that "the other party was really that person during the conversation". These two levels, score and start playing.

Relevance: Not all conversations can fit into a case

Relevance, in other words, means whether this statement is related to what I want to prove. In private lending cases, if you submit a record of chatting about the weather and gossip, the judge will not read it. Article 104 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China requires that evidence must be related to the facts to be proved. So before submitting, think carefully: do I need to prove the loan agreement, repayment commitment, or the quality of the goods? Each record should correspond to a fact to be proven.

We usually recommend organizing chat records into a table according to the timeline, indicating which sentences are key, page numbers, time, and sender clearly. The judge's time is limited, if you help him save time, it will be easier for him to see through. When dealing with contract disputes, Shenzhen Zhiming Law Firm often links WeChat records with transfer vouchers, shipping orders, and statements as evidence, and relying solely on a conversation often lacks sufficient probative value.

Legitimacy: Stealing records, stealing accounts, infiltrating systems, veto with one vote

If you step on the line of legality, you will be eliminated directly. Evidence obtained through methods that seriously infringe upon the legitimate rights and interests of others, violate prohibitive provisions of the law, or seriously violate public order and good customs shall not be used as the basis for determining the facts of the case. This is the caliber of Article 106 of the Interpretation of the Civil Procedure Law. You may be excluded from stealing someone's phone to search through chat records, finding someone to steal accounts and export records, or installing a camera in someone's home to record screens.

But as the one chatting, it is generally not illegal for you to save the conversation between both parties. Because you are a participant, not a eavesdropper. Many parties are unable to distinguish this boundary, thinking that "secretly recorded content is not considered". In fact, it depends on whether the acquisition method has crossed that red line.

What can the court do if the other party refuses to hand over their phone or cooperate

If the chat records are in the hands of the other party, you can apply to the court to order them to submit them. Articles 45 and 48 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation" give the court the power of sanctions: if the evidence is not submitted without justifiable reasons, the court may assume that the other party's claim is established. In practice, judges will first issue a notice of evidence presentation and submit it within a specified time limit; If the other party refuses to surrender, you can apply for investigation and evidence collection, or apply for evidence preservation of the mobile phone.

However, such applications should be made early. The time limit for presenting evidence is generally designated by the court, with no less than 15 days for the first instance ordinary procedure and no more than 15 days for the summary procedure. If brought up after the deadline, the court may not accept it unless it is new evidence. WeChat records are prone to loss, and once deleted, they will be gone. Therefore, we generally recommend doing evidence preservation notarization before filing a lawsuit, which can cost hundreds to thousands of yuan and is more cost-effective than arguing afterwards.

What to do when submitting so that the judge is willing to review it

There are formal requirements for submitting WeChat evidence. One is to keep the original carrier, do not flash or change the phone number; The second is to create a written explanation that clearly states both parties' WeChat accounts, chat time, and proof purpose; Thirdly, key dialogues should be printed in color to highlight key points; Fourthly, notarization or blockchain certification should be done when necessary. The review of electronic evidence by arbitration commissions and courts in Shenzhen is becoming increasingly detailed, and materials with messy formats and unclear key points are easily classified as "insufficient probative value".

For cases involving large amounts of money, such as property, equity, and inheritance disputes, WeChat records are often just a piece of the puzzle. likeThe number of inheritance disputes in Shenzhen has increased by 15% annually, and siblings have been fighting over the house left by their parents for two yearsIn such cases, chat records can provide evidence of the deceased's previous intentions, but ultimately it depends on the will, property registration, and financial statements. The rule of evidence is the skeleton, and the specific case is flesh and blood, indispensable. If you still have disputes over partnerships or equity, you can take a look alongAfter 3 years of partnership entrepreneurship in Shenzhen, the valuation exceeded 100 million yuan, but my equity was diluted to less than 5%The evidence and ideas inside are interconnected.

Three common misconceptions, stepping on one may lead to losing

The first misconception is to only provide screenshots and not your phone. If the other party says' unable to verify the original ', the screenshot may not be accepted. The second misconception is that chat records only contain "um" and "good", without specifying the amount, deadline, and subject, and the correlation cannot be sustained. The third misconception is to delete words that are unfavorable to oneself before submitting. Once the other party discovers that the record is incomplete, the credibility of the entire piece of evidence will be compromised.

Lawyer Deng Xianxiong (Shenzhen Zhiming Law Firm) repeatedly reminds in litigation and arbitration practice that electronic evidence is not afraid of too much, but of chaos. When organizing, list clearly in the four columns of "who, when, what was said, and what was proven", and attachInventory of 5 key sections on criminal defense, administrative disputes, and the effectiveness of wills in Shenzhen in 2026The awareness of evidence nodes mentioned in the text will be much more relaxed in court. More evidence rules and litigation strategies can be reviewedHomepage of this column (Litigation and Arbitration)Alternatively, you can directly make an appointmentIntroduction page of Lawyer Deng XianxiongHave a face-to-face conversation with the team inside.

Finally, whether WeChat records can be used as evidence is never a matter of "can" or "cannot", but rather a matter of "how to use and to what extent". If the three requirements cannot be met, any more chatting is useless; Once the three requirements are met, a conversation can potentially turn the situation around. The review of electronic evidence in 2026 will only become more standardized, with early fixation and consultation, much stronger than last-minute cramming in court.

Lawyer Deng Xianxiong, Shenzhen Zhiming Law Firm, consultation hotline: 0755-25986969. If you are unsure about the selection of evidence, please bring the materials first and we will review the three requirements for you.

Disclaimer: The content of this article is a general interpretation of legal knowledge and does not constitute any legal opinion or commitment on any specific case. The outcome of a case is influenced by multiple factors such as evidence, jurisdiction, and judge's discretion. Please do not apply it directly. For targeted analysis, it is recommended to bring materials and have a face-to-face interview with a practicing lawyer.