Re: E-Mails as Evidence
LawShark said:<blockquote><hr>E-mails are much more admissible as evidence than has been implied. All it takes to get one admitted is one of:<blockquote>Demonstration that the e-mail is part of a system of records kept in the ordinary course of business (Fed. R. Evid. 803(5), 803(6), 1002)
A denial of the content or fact of sending of the e-mail by an adverse party (Fed. R. Evid. 607, 613)
Offer as evidence for something other than the content of the e-mail, such as that an individual in fact used e-mail (e.g., Fed. R. Evid. 406, 803(5))
A statement in the e-mail (or header) when found on a party's own system that is against that party's interest (Fed. R. Evid. 613, 803(5), 803(6))
As a writing used by a witness to refresh his/her recollection (Fed. R. Evid. 612)
As part of the foundation for an expert witness's opinion (Fed. R. Evid. 702, 703, 705)</blockquote>I'm mentioning this primarily so that people won't become overconfident that their own e-mail archives can't be used against them, or e-mails sent to others (such as that one accusing a principal of PA with unlawful activities with an underage ruminant, which could be admitted to show prejudice and hostility if those are relevant to either the case or the credibility of a witness). The possibility of forgery and alteration goes to the weight of the evidence unless the party opposing entry shows that it is more probable than not that the evidence offered differs from the original. In other words, the e-mails still come in, but the factfinder (jury or, in a bench trial, judge) can consider the possibility of alteration when deciding what the evidence really means.<hr></blockquote>I know you've gone to a lot of effort to distill this; likewise that it's not possible to put it into simple vernacular language. Still, I'd find it very helpful if you'd expand the thing a bit. If you have the time, and the inclination to do so, I'd greatly appreciate it.