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Proving email in court

Authenticating Email Discovery as Evidence

 
With the recent passage of the amendments to the Federal Rules of Civil Procedure, the legal press has been filled with articles containing e-discovery advice. At some point, "e-discovery" will need to be converted into "e-evidence" for the purposes of summary judgment or trial. When you're faced with having spent your clients' time and money to both produce e-discovery and mine your opponents' e-discovery to find the "smoking gun," it's critical to ensure you can get those e-mails into evidence -- or keep them out.

Many practitioners think that e-mails are like business letters and will be admitted into evidence just as easily. E-mails, however, may be more prone to problems of authenticity and hearsay than traditional written documents. People often write e-mails casually, dashing off comments with an informality they'd never use with a letter. Little care is given to grammar and context. Their signature or even their name may be omitted. Authenticating an e-mail presents issues not faced with a traditional letter with its formal letterhead, paragraph structure and signature block. Additionally, e-mails are arguably more susceptible to after-the-fact alteration.
https://www.lawweb.in/2012/05/authenticating-email-discovery-as.html


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 2 Replies

Kasim Kheruwala (Advocate)     23 May 2012

Altration wil not go unnuoticed/uncught even.

HANSA KASHYAP (--)     25 May 2012

1.There are softwares/applications, to recall, rewrite, and delete. 

2. you can set you e-mail set for some period or can be seen for few times only. for eg., You can send me a e-mail, you can set it ,that I can see it only for once, or you can set your e-mail, that can be seen only for 1hour after that will be vanished EVEN FROM BOTH OUR SYSTEMS AND FROM SERVER. YOU CANNOT RECALL IT.

hansa.kashyap@yahoo.co.in


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