Legal Question in Business Law in California
Admissibility of E-mail communications
I have a fraud case in which important communications happened via e-mail. My question is this: What do I have to do to make those e-mails admissible? I assume that I cannot just show up to court with printed e-mail transcripts...
3 Answers from Attorneys
Re: Admissibility of E-mail communications
As with most evidence, you will need a witness (possibly you) who can testify that the emails are genuine. You will also need to show that they are relevant to some aspect of your case. Even if you can do these things there may be reasons why the emails are kept out.
Unless this is a small claims case, you will probably also have to produce copies to the other side in response to a discovery request. If your opponent asks for the emails and you don't produce them, you will likely be barred from using them at trial.
Re: Admissibility of E-mail communications
You can also send a request for admission to the other party attaching the e-mails, or take his/her deposition, and have him/her admit that he/she sent them.
Re: Admissibility of E-mail communications
E-mails are acceptable as evidence in much the same ways and subject to the same types of objection as other forms of written evidence. The key hurdles are authentication, relevance and avoiding exclusion as hearsay.