Legal Question in Civil Litigation in New York

Is E-Mail admissable?

I have a lawsuit pending against me in small claims court for ''breach of agreement and loss of property''. I purchased some PA Equipment and a former band member is suing me for partial ownership. There was never an agreement to give him anything, and there was never any money out of pocket from him. I am however concerned about e-mail conversations during the time he was a member. I'd like to know if conversational e-mails between the claiment and I are admissable?

Thank you,

M.


Asked on 8/08/05, 4:32 pm

4 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Is E-Mail admissable?

Absolutely.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 8/08/05, 4:49 pm
Meyer Silber The Silber Law Firm, LLC

Re: Is E-Mail admissable?

Yes, e-mail discussions can be admissable, provided that you can show that they came from a particular party. Let me know if you have any other questions.

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Answered on 8/08/05, 4:54 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Is E-Mail admissable?

Generally speaking yes, but subject to an appropriate evidentiary foundation being presented.

If you want to keep it out object, and ask for a "voir dire" on the issue, which allows you to ask questions solely on the proof that the e-mail is genuinely a transmission from the other party.

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Answered on 8/08/05, 5:26 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Is E-Mail admissable?

It will likely be admitted, but your best way to keep it out is by requiring that the other party establish a 'foundation'. In this case, suggest that the emails are not 'complete'.

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Answered on 8/11/05, 4:51 pm


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