Legal Question in Real Estate Law in California

In a breach of contract law suit is there any value for emails? For example can a plaintiff bring up emails and show to judge.

What about if the email was fabricated?

How much is the value of emails held up in court?


Asked on 8/13/09, 3:13 pm

3 Answers from Attorneys

Yes, e-mail messages are admissible and have about the same "value" as letters, telegrams, voicemail message and other communications.

They also suffer from similar issues of proof. Just as signatures on letters might be forged, so might e-mail messages be fabricated. If you offer an e-mail message as part of your evidence, the other side might try to prove that it was fabricated.

Ultimately, it is the judge or jury that weighs the evidence and makes the decisions.

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Answered on 8/13/09, 5:26 pm
Bryan C. Becker Your Lawyer for Life.

They are admissible assuming they comport with the other rules of evidence. If they are offered as proof that a contract existed between the parties, they must be admitted as "parol evidence." A quick search will give you a good idea of what I mean by this term. http://en.wikipedia.org/wiki/Parol_evidence_rule

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Answered on 8/13/09, 6:10 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Presenting evidence of ANY kind, including smoking guns and e-mail, is subject to many rather strict rules governing presentation, authentication, etc. etc. A witness cannot just sit on the witness stand and say, "Look at these e-mails, your honor!"

Once the proposed evidence is found admissible as a matter of law, and admitted, it is up to the judge (or jury, if it be a jury trial) to weigh the credibility of the evidence. Even rather clearly forged documents may be admitted, but the finder(s) of fact will probably give them little weight in reaching a verdict.

E-mails are admitted and weighed as evidence in trials all the time.

Sometimes it is easier to authenticate them and give them credibility if they are presented in native format, with metatags, etc. attached.

Selecting, preparing and offering evidence at trial is both a science and an art. Education, experience and careful preparation of documents and witnesses who will present them is a critical aspect of winning at trial. In our system, we do not merely dump a box of evidence on the judge's bench. It must be prepared, authenticated and presented through competent witnesses for whom it is not hearsay and who can be cross-examined as to its meaning.

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Answered on 8/13/09, 7:40 pm


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