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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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  #21 (permalink)  
Old 10-04-2017, 11:45 AM
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I have on occasion, included said text conversations back into an email reply to keep the conversation together, if I thought it was warranted. (even if I had to manually transcribe them).

I just figured they would have more creedence, in an actual email, especially if the other parent responds to that email. Then they can't claim they never saw them.

They have actually been of use in my current court proceedings.
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Old 10-04-2017, 11:22 PM
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Originally Posted by foreverhome View Post
Your cell records can be only used only for protection of yourself. For example, someone accused you that you threatened to hurt them and you may get a criminal charge. Than you can bring up record "see, I didn't threatened her". Your claim "it came from her cell number " have to be proven, authentication has to come from the cell company, you'll need to obtain a court order to get private information about the other party from cell company.
Again, I have WON a motion for cell records from cellphone company. The COURTS ordered HER cellphone company to release their records, including text messages. Yes, you have to get a court order for either her cellphone company (or your own) to release that information. It will show the text, timestamp when it was sent, and from which number it was sent. If she sent you a text message from the number she uses to communicate with you, then just stick that on affidavit. Your lawyer would love to see her try to deny it. I highly doubt your ex would sacrifice her credibility like that.

Last edited by trinton; 10-04-2017 at 11:24 PM.
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Old 10-04-2017, 11:39 PM
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Does anyone know anything about use of photographs in court proceedings? How are they entered - simply scanned onto an affidavit or submitted as their own exhibit?
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Old 10-04-2017, 11:49 PM
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Originally Posted by arabian View Post
Does anyone know anything about use of photographs in court proceedings? How are they entered - simply scanned onto an affidavit or submitted as their own exhibit?
Done that too. Scan and print in color. Number the pictures and attach as exhibit and reference in affidavit accordingly. I forget exact wording but something along lines, Photo 1 in Exhibit 'A" true copy of...

maximum of 5 - 10 of your best pictures. Not a 400 page album.

Last edited by trinton; 10-04-2017 at 11:52 PM.
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Old 10-04-2017, 11:55 PM
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Thanks for that. So when you have to make the copies for the court and serving the other person, it would make sense that all copies are identical. Correct?

What about dates of photographs? If a photograph were emailed to someone I guess the email that it came in should be part of the exhibit?
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Old 10-05-2017, 12:25 AM
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Thanks for that. So when you have to make the copies for the court and serving the other person, it would make sense that all copies are identical. Correct?

What about dates of photographs? If a photograph were emailed to someone I guess the email that it came in should be part of the exhibit?
Correct. What you do is write up your affidavit and exhibits, finalize it, then print it 3 times, or print it once and then photocopy everything, so everything is identical.

I am not sure about dates. I would use datestamp software to have the dates right on the picture. I know some cameras have this option. If you have digital copy, There are apps that take the date from the file and add it to the picture.

As per email attached pics, I would think you reference the email and it's attachement followed by it. I know Gmail will show you the email and a thumbnail of the attached image. A larger copy could be attached in the same Exhibit.

My lawyer likes to group relevant things all in the same exhibit. So I would assume the email and it's attached photo would be in the same exhibit. I know Jian Ghomeshi's lawyer had to do something like that with the email with the bikini picture attachment.
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Old 10-05-2017, 01:01 AM
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Thanks. One final question. I don't use facebook except to say hello to a friend in OZ once in a while. I find the concept of social media repugnant but then that is my age I suppose...

If there are some valuable things on facebook (for example) how does one present that in their affidavit? Just print it out and attach as it's own affidavit? I'm really quite perplexed by the whole thing. When one goes on to facebook you can see clearly the date that the post was made. Do you do a screen shot or something? I'm sure courts are quite used to seeing facebook posts as evidence. Hmmm I will have to check out Rules of Court I suppose. With the digital age things are really quite complicated nowadays. I'm a dinosaur... what can I say?
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Old 10-05-2017, 09:18 PM
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Originally Posted by arabian View Post
Thanks. One final question. I don't use facebook except to say hello to a friend in OZ once in a while. I find the concept of social media repugnant but then that is my age I suppose...

If there are some valuable things on facebook (for example) how does one present that in their affidavit? Just print it out and attach as it's own affidavit? I'm really quite perplexed by the whole thing. When one goes on to facebook you can see clearly the date that the post was made. Do you do a screen shot or something? I'm sure courts are quite used to seeing facebook posts as evidence. Hmmm I will have to check out Rules of Court I suppose. With the digital age things are really quite complicated nowadays. I'm a dinosaur... what can I say?
I've put up website postings of former spouse on exhibits too. Screenshot it on your pc or cellphone, and attach same way you would with a photo. I would not crop the screenshots. capture the entire browser window, or your desktop in order to note time when screenshot was taken (bottom right of your deaktop). I assume the Facebook posting date is what they look for.

Be sure to save the web pages too for future reference if they delete.. search Google how to do that. If you have a mutual friend and they have email alerts of their posts.. even better. I've thought about a fake Facebook to creep on them but you don't want to come off as a stalker.
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