Legal Question in Wills and Trusts in California
Are email printouts admissible in court, as supporting evidence to an alleged event.
In example: An executor says she authorized the theft of estate property, in an email
to me; can I present this to the court, as evidence supporting an allegation that she
authorized the theft of estate property?
2 Answers from Attorneys
As an admission against interest, it would be admissible hearsay. You would have to testify as to it being what it claims to be--a true copy of the e-mail, etc.
There are other authentication issues potentially. For example, how do you know the executor typed the e-mail? Was someone else sitting at the executor's computer? The best way to aythenticate a document such as this is through pre-trial discovery, such as a request for admission or deposition testimony confirming authorship.
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