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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11 (permalink)  
Old 11-18-2013, 02:27 PM
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I agree. Chronological order is much easier to follow than using threads. Don't risk confusing or frustrating the judge with threads, if you can help it.
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Old 11-18-2013, 04:41 PM
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Quote:
Originally Posted by ByMyself View Post
I agree. Chronological order is much easier to follow than using threads. Don't risk confusing or frustrating the judge with threads, if you can help it.
That's easier said than done. I have gmail and even though I've turned off the 'threading' functionality, emails are still not independent.
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Old 11-19-2013, 11:08 AM
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Quote:
Originally Posted by HappyMomma View Post
That's easier said than done. I have gmail and even though I've turned off the 'threading' functionality, emails are still not independent.
One could then flow chart the e-mails to show their relationships.
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Old 11-19-2013, 11:37 AM
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One thing I would clarify in the above thread: If the other party is putting together poorly organized or identified documents in their requests to admit, I don't think it is our responsibility to then produce the original documents and serve upon them. The other party needs to get their stuff together and serve it properly. To correct or produce their documents means that we would be assisting the other side and promoting their cause. There simply is not reason to do that.
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Old 11-19-2013, 11:56 AM
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I put the suggestion across with the assumption that the improved clarity could help your case.

If their emails are incomplete/ blacked out, and the remainder of the email hurts your case - absolutely make them product the originals, and request written reasons why they refuse to, if that happens.

If they have left out parts that help your case - you producing the complete original shows they may have been hiding something/ misleading the court. You can't use your complete version as proof of that unless you serve it in your request.
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Old 11-19-2013, 12:07 PM
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Very good information ByMyself. I really appreciate your input!
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Old 11-19-2013, 12:18 PM
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BTW..... e-mails are in-admissable in court
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Old 11-19-2013, 12:21 PM
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Limer - How can that be? And where are you getting that information? Do you have a source that I can review?

The request to admit includes "document". An email is a document. I can't imagine that an email is not admissible in court if you have authenticated them. Further, some have already been included in affidavits (as exhibits attached to affidavits) and are in the continuing record and trial brief.

Please explain....
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Old 11-19-2013, 12:21 PM
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What do you mean by that limer - could you explain that a bit more? Thanks
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Old 11-19-2013, 12:50 PM
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@ Serene - I was going to mention one thing about the concerns with email threading and how in can become confusing for others to follow.

The requests are being used to simply get the documents admitted into your evidence binder. You don't have to necessarily ask the judge to read the entire emails and understand from that what is going on.

Instead, you may use an affidavit (or testimony) to explain the scenario around the relevant facts in the email, and quote from the email. The material you quote from has to be in that binder for all parties to reference. So you do have quite a bit of control in how the information is organized and presented to the judge.

More than anything - your time in court will be about how well your/ their evidence is presented. Their request to admit may not make sense entirely, but remember it is being used only to introduce the raw materials, to later be used to support/ back up their statements. If anything is incomplete or unclear, refuse to admit based on that, and ask for better versions.

In my case, I am using timelines to help explain relationships between when emails were sent/ received/ cas calls/ police/ telephone calls, etc. - to help clearly establish critical relationships between events. In my case, the action/ reaction scenario with the ex is a relevant pattern I need to point out. The evidence I reference in these timelines has to all be in my book(s) of evidence. To look at each piece individually, it may not seem entirely relevant, but when carefully assembled for a judge, I think it will be entirely clear.
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