Legal Question in Landlord & Tenant Law in California

In California small claims court, is email correspondence admissable as documentation that statements therein were "in writing"?


Asked on 8/01/10, 2:34 pm

2 Answers from Attorneys

Absolutely, such documents are admissible. The person who wrote or received the emails should be in court to testify to their authenticity with statements such as, "I sent these emails to the other party on the dates indicated in the emails." Or, "I received these emails from other other party on the dates indicated in the emails." Messages of any kind are admissible as long as the sender or the receiver of such messages are in court testifying that the sent or received such messages. Each Small Claims Court within San Diego County has a Small Claims Advisor's office. Ask your Small Claims Court about your Small Claims Advisor. Visit during the consultation hours, and your Small Claims Advisor will help you with all of your questions pertaining to your paperwork and the trial. The best part is that the Small Claims Advisor service is absolutely free.

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Answered on 8/06/10, 2:50 pm
Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

I am a Judge Pro Tem in Small Claims Court.

Bottom Line: Everything is admissible in small claims court. The judge must evaluate whether the evidence is credible an decide how much weight the evidence will be given. Nevertheless, emails can be submitted in court.

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Answered on 8/06/10, 3:01 pm


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