Legal Question in Family Law in Virginia

Can e-mails be supoeaned?

My husband has threatened that if I try to separate/divorce, he will go to court and supoena my work-related e-mails to see if there are any personal messages to/from a particular man. I work for a federal government agency. What is the likelihood of e-mail correspondence being supoeaned?


Asked on 3/21/05, 11:56 am

3 Answers from Attorneys

Shane Jimison Jimison/Homiller, PLC

Re: Can e-mails be supoeaned?

The likelihood of email correspondence being subpoenaed is very good. The success of the subpoena in obtaining those emails will be determined by a host of technological answers that I am too unsophisticated to answer. Good luck.

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Answered on 3/21/05, 12:13 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Can e-mails be supoeaned?

Documents(including emails)cannot be subpoenaed willy nilly; there must be some showing on the part of the requestor that there is at least some likelihood that such subpoenaed documents will produce or result in relevant evidence which will be admissible in the pending court proceeding.

Unless your husband can make this kind of showing, his subpoenas for your email documentation should not succeed.

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Answered on 3/21/05, 12:56 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Can e-mails be supoeaned?

Im sure you have heard by now that they can and often are subpoened. If they are retrievable by your employer that is. They must be kept in the ordinary course of business. It can not be overly burdensome. Your employer and their lawyers may have something to say about this as well.

Good luck!

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Answered on 3/21/05, 5:45 pm


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