Civil Proceedings Without Screenshots

Civil procedure is inherently adversarial, meaning it requires the parties involved to present to the court the claims and circumstances on which the court can base its decision. In this process, the evidence presented plays a central role in the decision-making. In practice, situations often arise where there is a lack of evidence and limited possibilities to collect it. When a dispute arises, one must make the most of materials accumulated during everyday interactions. Understandably, most people don’t constantly think about drafting contracts or collecting (high-quality) evidence in their daily affairs. However, daily communications often leave behind a fair amount of digital content, which is frequently preserved using screenshots.

A screenshot is an image of a device’s (e.g., phone or computer) screen at a given moment. Taking screenshots is extremely easy, and the necessary technology is widely available, making their use very common in daily life. Screenshots are used, for example, to save message conversations, comments or posts on social media platforms, and other content accessed online.

Due to their widespread everyday use, screenshots have become one of the most popular sources of evidence. Increasingly, disputes rely heavily—or even solely—on screenshots as key evidence. In civil proceedings, the reliability of screenshots is usually not questioned. The focus in resolving a case is typically on the content of the screenshot rather than its reliability as a source. The use of screenshots as evidence has become so normalized that it's hard to imagine civil proceedings without them. But what happens if it turns out that screenshots can no longer be used as evidence?

Let’s start from the beginning – how does evidence work in civil proceedings?

The general rule in civil procedure is that the person making a claim must provide evidence to support it. For example, if one person demands the return of money lent to another, the claimant must convince the court that the claim exists in the amount stated. Ideally, this could be proven with a clearly written and digitally signed contract and bank transfers. However, in everyday life, financial agreements are often made via email or text message and in cash. Therefore, when no contract exists, screenshots of communications between the parties are often submitted to court as evidence.

What is considered evidence in civil proceedings?

According to the Code of Civil Procedure, evidence is any information presented in a legally defined procedural form, based on which the court can establish facts that support or negate the parties’ claims and objections, as well as other circumstances relevant to resolving the case. Evidence can include witness testimony, sworn statements by parties, documentary evidence, physical evidence, inspection, and expert opinions. The law does not mention “screenshots,” which means they are not a separate category of evidence. However, their submission is not excluded by law either.

In current court practice, screenshots are considered documentary evidence. This includes any document or similar data carrier recorded in writing, by photography, video, audio, or electronic means, containing data about facts relevant to the case and which can be presented in a perceivable form at trial. Screenshots are primarily electronic documents and must be submitted either in printed form or electronically in a format that allows for review and secure storage in the court’s information system. Therefore, court practice supports the possibility of using screenshots as evidence.

However, it’s worth noting that neither court practice nor law sets specific requirements for collecting or preserving screenshots (or electronic evidence in general). The accuracy of the content shown in a screenshot is generally assumed. In civil proceedings, there is rarely special attention paid to how the screenshot was taken or its metadata. Still, this technical aspect poses a significant procedural risk if the opposing party successfully questions the screenshot’s reliability using other types of evidence. In extreme cases, excluding screenshots as evidence can leave a party unable to prove their claims and result in an unfavorable judgment.

Expert Opinion – A Screenshot Is Not a Reliable Source of Information

An expert opinion is a distinct type of evidence, typically regarded as high-quality in civil proceedings. Currently, the Estonian Forensic Science Institute’s list of registered private experts does not include anyone specializing in digital evidence. In this case, we consider part of an expert opinion prepared by a Finnish cyber forensics expert from Difseco Oy:

“The growing use of digital images has prompted the development of numerous image-processing software programs, many accessible to the public. Consumers can make drastic changes to an image with no perceptual indications of alteration. As more images are used in courtrooms, verifying the integrity of image files becomes more paramount. Digital images are readily manipulated with online software and can deceive an investigator’s perception of what is represented. To authenticate digital imagery, it is crucial to have access to the original digital image. Without the digital original, there is no data to authenticate the nature to which a digital file of any kind was created. Therefore, without that data, integrity is significantly reduced.

Screenshots can only support the original digital file and can’t be treated as trustworthy evidence themselves. First, screenshot files can be forged via methods described in section 3.1 of this opinion statement. Second, the original graphical imaginary represented in the screenshot might also be forged. In other words, the original content that is being captured might be manipulated. Due to the above-described reasons, screenshots are only accepted as evidence if they are provided along with the original data (files), keeping in mind that the original data was obtained using the digital forensics acquisition method.”

Such an expert opinion would likely cause concern for any opposing party’s legal counsel relying on screenshots. The opinion is logically sound, realistic, and highly persuasive. It could potentially shift current practices in civil evidence-gathering entirely.

What would civil procedure look like without screenshots?

On one hand, the use of screenshots in court is understandable and justified. Legal proceedings are based on real-life events, so participating in a trial and proving one’s claims should not be made unreasonably difficult or detached from reality. Screenshots are an accessible and easy way to collect evidence, so their use—at least with some caveats—should be allowed. Rejecting screenshots on purely formal grounds would be disproportionate and could lead to unjust outcomes, where significant cases are dismissed due to minor formal flaws. Verifying a screenshot’s reliability should not be required when its content is not in dispute. Therefore, submitting screenshots as evidence should remain permissible.

On the other hand, it is not justified to always presume the truthfulness of screenshots submitted to court. Evidence should always be approached with a degree of skepticism. A court decision must provide a final resolution to a dispute, maintain legal peace, and (to some extent) serve justice. To fulfill these goals, the decision must be based on reliable and transparent evidence. Accordingly, parties must have the opportunity to challenge the credibility of screenshots if a dispute arises. Likewise, courts must be able to exclude unreliable evidence from consideration with reasonable effort. Current civil court practice still has room to improve in verifying the reliability of evidence.

The attorneys at Lepmets & Nõges are always ready to assist in case of civil disputes. Contact us!

* This article was published on July 22 in the “Meistri eri” section of the financial and legal journal RUP.