Legal Question in Civil Litigation in New York

In filing a motion, I want to submit an affidavit asserting an exhibit is "a true and correct copy of e-mail" etc. when in fact I jotted down some handwritten note on the original. Does that create a problem or if my adversary does not object to the veracity, it will be admitted to evidence?

Asked on 9/29/12, 6:37 am

1 Answer from Attorneys

Vincent L. Gonzalez Vincent L. Gonzalez, Esq

This question is difficult to answer based on the information provided. If the exhibit accurately reflects the content of the e-mail then there is no problem. Your "handwritten note on the original" is not part of the e-mail and, therefore, there is no requirement that you disclose it. However, never underestimate your adversary and consider that he/she may challenge everything about the e-mail, including completeness, authenticity, authorship, etc.

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Answered on 9/30/12, 9:16 am

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