Copyright Question

Discussion in 'Traditional Publishing' started by platerawriter, Oct 9, 2013.

  1. DrWhozit

    DrWhozit Banned

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    Imagining it was a jury trial and I managed to get the emails admitted likely during discovery, I'd want to get a laptop with wifi and a projector to log on and let the laptop/server be the witness.
     
  2. chicagoliz

    chicagoliz Contributor Contributor

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    Emails in and of themselves are offered into evidence all the time. (Plaintiff's lawyers love emails -- big corporate clients leave all kinds of evidence in them, when the employees don't think about the discoverability of their emails.) But it depends on the purpose for which the emails are offered into evidence. Generally, what would happen is that an email would be proffered as proof of something, and often this would occur in a deposition, where the deponent would be asked if he had seen this email. A couple of things might happen -- the deponent might admit then and there that he had seen the email, and then there wouldn't be much of an issue as to its authenticity. A deponent could also claim never to have seen it. At that point, it is possible that a plaintiff/plaintiff's attorney might seek to authenticate the email via other means, such as storage on a server, etc. It might or might not be later admitted into evidence by a judge.

    It's not really all that different from a written or typed note/letter. If there's a dispute as to it's authenticity, then there's a question as to whether the authenticity is proven to such a degree to be accepted as proof. If there's no dispute as to its authenticity, then there's no real reason why it would be excluded.
     
  3. DrWhozit

    DrWhozit Banned

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    Precisely.
     

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