Legal Question in Family Law in South Carolina
Supoena of Email Records
Can email records and messages, such as those contained in a Hotmail account, be acquired by supoena in a divorce case to support claims of adultery, etc.? If so, under what statute?
1 Answer from Attorneys
Re: Supoena of Email Records
In a divorce, a party can use a process called "discovery" to learn a lot of stuff about the other party. If a person refuses to produce the information requested, the court can order the party to produce the information. One party can discovery things like bank accounts, diaries, tape recordings, email, etc.
Subpoenas are usually used on non-parties - like banks, physicians, medical records, schools, employers, etc. to get information.
I hope this helps and does not confuse you more!
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