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How emails can be Used in Court as Evidence

November 7, 2012

Emails are a highly effective way to present evidence in court. While it might seem to be a very casual and informal way of communication, the information passed through email could contain information that is highly relevant and important to a case in all types of legal cases, criminal,divorce and immigration to name a few. There are both benefits and drawbacks for lawyers to attempt to use emails are solid evidence during court cases. The benefits include the personal messages that can reveal the truth about the situation. The drawbacks include that since no signature is present, it could be debatable who actually wrote the email. Despite the controversy, email messages are a modern way to use communication as evidence in a court of law. Emails are a highly effective way to present evidence in court. While it might seem to be a very casual and informal way of communication, the information passed through email could contain information that is highly relevant and important to a case in all types of legal cases, criminal,divorce and immigration to name a few. There are both benefits and drawbacks for lawyers to attempt to use emails are solid evidence during court cases. The benefits include the personal messages that can reveal the truth about the situation. The drawbacks include that since no signature is present, it could be debatable who actually wrote the email. Despite the controversy, email messages are a modern way to use communication as evidence in a court of law. 

The benefit to presenting emails as evidence in court is that the messages passed by email by the parties in question are most likely communicating very candidly about their feelings about the subject. They are more likely to reveal factual information than the story that they are telling to the police, their attorney or the court room. While it may seem like insignificant banter between two people, it may reveal the truth about events or situations in question during a court case. For example, an immigration lawyer might be presented with a case in which a couple is believed to be faking a marriage in order for one of the parties to obtain a green card. In this situation, the emails that both parties are writing to either each other or to outside parties might reveal the marriage as a sham. Email correspondence can be very useful in a court of law. 

The drawback to presenting email documents as evidence is validity. While it take a password to enter someone's email account, passwords as easily obtained and therefore someone other than the indicated sender might have drafted and sent the email. It could be very easy for someone with sinister intentions to log onto and create an email that might suggest that the person I question relayed information that they did not. As there is no original signature on an email document, it is less valid than a hand written document or even one that was signed. 



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