MEGHAN could be forced to hand over text messages, emails and phone records in an upcoming court battle over a letter she sent to her estranged father Thomas Markle.
The Duchess of Sussex, 38, is suing the The Mail on Sunday newspaper for publishing the document, claiming it infringed her privacy and was a breach of copyright and the Data Protection Act.
But its publishers are fighting the case and the US actress may have to make a host of private communications available as part of the disclosure process.
A key part to the newspaper’s defence is expected to be a suggestion she put the letter in the public domain in the first place — by telling pals who disclosed details to US magazine People.
A source revealed: “There will be a duty on both sides to disclose relevant information and documentation, which for Meghan could include her personal communications.
“If it becomes clear that text messages, emails and phone records were relevant to the case then she would have to provide them to the other side.
“The defence lawyers will probably argue any communication she had with friends over the People article is relevant.”
Meghan and husband Harry, 35, are being represented by an aggressive celebrity law firm as they wage war with the press.
The Duchess is expected to give evidence at the trial and be cross-examined by lawyers from Mail on Sunday publishers Associated Newspapers.
Her spokeswoman told The Sun: “The Duchess of Sussex is very clear as to what the litigation against Associated Newspapers involves and is resolute in her determination to see the case through, in order to hold the tabloid to account for its actions.”
Her dad Thomas, 75, who has not met Harry or baby grandson Archie, is believed to be cooperating with the newspaper. He may also have to give evidence. The insider added: “The lawyers will want Meghan in the witness box and she will be open to a cross-examination, which could see many aspects of her family background examined in court.
“That’s the downside of suing in the public domain. She will be under oath so the stakes are very high for her.
“But if her lawyers were sensible they would have looked through all her communications before making the claim to know what could possibly end up being revealed.”
Harry said he has seen his wife’s “private suffering for too long” and accused the press of waging a “ruthless campaign”.
Associated Newspapers “stands by the story it published and will be defending this case vigorously”. It added: “Specifically, we categorically deny the Duchess’s letter was edited in any way that changed its meaning.”
Harry has also started proceedings against the publishers of The Sun and the Daily Mirror over alleged phone hacking.
Buckingham Palace said documents were filed at the High Court. It is understood they relate to historic claims in the 2000s.
