are emails admissible in court? how do you supress the evidence?

Answer 1

Emails are admissible in court! The one who presents the emails may have the burden of proof of showing the court that they are true and correct as presented, IF you raise an objection that the emails might be fake. If you don't, the court will take it that they are real. You have to raise the objection early on - you can't argue their validity after the court starts to consider their contents.

Answer 2

Emails Admissible In Court

Answer 3

This is a complex question that cannot be easily answered in a short message like this. But I will give you some very basic concepts.

The first problem with an e-mail is the hearsay problem. Most every writing whether e-mail or not are usually hearsay. There are multiple exceptions to the hearsay rule, so one of the exceptions would have to apply.

The next problem, especially with an e-mail, is authentication. The person that wants to introduce the e-mail into evidence has to show it is from the person that the e-mail is supposed to be from. How do you prove that an e-mail from [e-mail] was actually written by John Doe? Or what if the e-mail is from [e-mail] and the e-mail actually says in the text of it that this is written John Doe. That still does not prove that John Doe wrote it because anybody could write an e-mail saying he is John Doe.

The term suppression of evidence means a criminal defendant is trying to suppress evidence because it was obtained my illegal means by the police. To suppress evidence, the Defendant files a Motion to Supress and the judge rules on it.

I think you are probably talking about keeping an e-mail out of evidence based on the things I mentioned above: hearsay or lack of authentication. To do that, the attorney stands up when the other party tries to introduce and object bases on hearsay, foundation, lack of authentication and so forth. These objections can also be brought up before the trial begins by filing what is called a Motion In Limine.

Answer 4

Yes, they have been admissable in past cases, and upheld upon appeal.

There is no detail about HOW the emails were made available, no detail about the case, whether it's criminal or civil, and for that reason, no way to know if they can be suppressed.

Still, if it's that important, this is not the venue for it. Your attorney would be more knowledgeable about it. If you don't have an attorney, then any information here won't do you any good, anyway.

Answer 5

Yes, they are. You can't - at least, you can't delete your copies and hope that's it. Even if you did, copies are stored on servers, and archived on other sites also, and the service provider must respond to a warrant to produce their copies.

I guess you could say that whoever is concerned was drinking at the time, ignorant of netiquette, & didn't mean what they wrote? It's a pretty irresponsible defence, but is that any better than taking personal responsibility and being jailed? I guess it's up to the courts to decide that one, in context! Maybe the emails are part of that context, showing the state of mind of the accused?

Answer 6

Yes, e-mails are very admissable in court. You have a date,a place of origin, and intent. You have the information of the complete e-mail, what was sent and to whom it was sent. How do you think they can anil the pedophiles these days? You cannot supress the evidence (and shame on you for even asking)... there are cookies in your computer that save everything and anything and t hey can see everything that you have deleted and erased. You will be caught if they seize your computer.

Answer 7

They can be admissable in court, for with a warrant they can trace the e-mail back to the computer that sent it.