Text messages have become the communication mode of choice for many Americans, especially those in the age group now entering the work force. A 2010 study found that American teenagers sent an average of 3,339 texts each month, or six texts each hour they are awake, and those between ages 18 and 24 send nearly half that amount.1 A recent decision dealing with text message preservation acknowledged that “texting has become the preferred means of communication.”2
Recent, high-profile matters confirm the emerging role of text messages in litigation. The current “Bridgegate” scandal involving lane closures on the George Washington Bridge, the NFL inquiry into allegations of harassment among Miami Dolphins players, and the murder trial in South Africa of Olympic athlete Oscar Pistorius all offer examples of the prevalence of text messages.
