emails

snowy2008

I was just wondering can emails stand up in court as evidence if they can be altered after they are written??

onemorechance

They can but they will probably be taken from the email server so that their originality can be verified.

Kanye

onemorechance wrote: »

They can but they will probably be taken from the email server so that their originality can be verified.

The above is correct but in practice, emails printed from the user's account are usually sufficient. The only time they would really need to be verified is if the other side puts you on proof of their veracity.

It would be silly to put anyone on proof unless your own records show something different was sent/received or the dates/times of sending etc were at odds.

eagle_&_bear

secure them by way of an Affidavit and you should be fine

Tom Young

snowy2008 wrote: »

I was just wondering can emails stand up in court as evidence if they can be altered after they are written??

Yes, however modifying an email which is later attested to on Affidavit as true and is found later to be false is called perjury and also is and can be sanctioned under Criminal Law.

There is a recent Discovery Order change in this area: Order 31 r 12 SI 93 of 2009. http://www.attorneygeneral.ie/esi/2009/B26695.pdf

Leading case on sorting and eDiscovery and hard drives is Dome Telecom v eircom.

If there was to be some query over the veracity of some evidence, even if on Affidavit it can be 'flushed out' in the eDiscovery procedures (sic).

I'd also refer you to the eCommerce Act 2000 in relation to Ireland signatures, admissibility, electronic originals and retention and production of same.

Tom

snowy2008

thanks for that folks, just wanted to check