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Old 11-19-2013, 02:13 PM
limer limer is offline
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The same as serving materials, you can't serve a pdf court document as an attachment to an email unless it is accepted via Rule 6(19) of the Family Law Rules allows that service of a document may be proved by an acceptance of service written by the party’s lawyer. I've had both scenarios where e-mail wasn't admissable, and where e-mail was accepted under the quoted rule.

Your ex's lawyer is trying to get around all the legal requirements that he would otherwise have to go through (meaning to have a judge rule on it's admissability). If you accept/authenticicate as per his request then it can be admitted into evidence which he is planning on using to his advantage, not yours.

Hence you need to figure out where he might be going with it all, and see if you can twist it back onto him.

Otherwise.... throw up "red flags" to get around it. Respond in writing (not email) something to the effective that you are ignoring his request to admit. Cite reasons in point form.
1.0 The full context of the entire email thread is incomplete. This includes:
1.1 Blacked out portions of text
1.2 Senders names blacked out
1.3 Receivers names blacked out
1.4 Portions of threaded conversations missing
2.0 It is unclear from the list provided on the form what the Author wants authenticicated.

If he goes to get a judge to admit it then you have notified to him your reasons. In the meantime he can either be more definitive in his request to admit or take it to a judge.

While some email might be admitted at motions stage and used, the evidence requirements for trial are a lot more stringent.

Last edited by limer; 11-19-2013 at 02:16 PM.