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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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Old 04-22-2011, 07:29 AM
Coop Coop is offline
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Unhappy Doctored Emails in Trial

A little over a full day in trial now and it's adjourned for a week...LUCKILY! Read why.

As part of the leadup to trial, a Form 22 Request to Admit was done to validate common knowledge items and genuine documents.

Well, I have a great deal email evidence that I submitted and my ex submitted a few emails with her F22.

I guess given the large amount of supporting emails, my ex has chosen to claim that 8 emails were doctored and the other 41 she didn't admit or deny!

Of the 7 she submitted, we admitted all seven. Problem is, I came home to my super-sleuth wife (btw, this is her account) and decided to go over an email that we both submitted as evidence. I admitted my-ex's version (it looked like my copy) and she claims ours was doctored. After reading the entire email, we realized that she had changed two words to support her position.

So like I said before, luckily court adjourned before email evidence was brought into evidence. But will I be able to go back and remove that email from my Request to Admit when we resume trial?

Any opinions on how to deal with this?

Thanks
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Old 04-22-2011, 11:00 AM
dinkyface dinkyface is offline
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Hopefully your have configured your email reader to 'leave emails on the server'?

If so, then there is an 'undoctorable copy' of the email residing on the server of your email address provider e.g. gmail, yahoo.

I've heard you can subpoena google/yahoo to provide this copy - not sure if actually doable. But, perhaps just indicating that there IS a safe copy there that matches YOUR version would be enough.
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Old 04-22-2011, 01:45 PM
Mess Mess is offline
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Most likely the judge will disregard both sides collection of emails as unreliable and make a judgement on which side seems most reliable based on how reasonable and believable their entire testimony is.

If you can get data straight from your isp or Google or whomever and it can be certified as accurate by third party, use this with a separate affidavit to discredit the other party. This is the same issue as discrediting any other claim, affidavit or testimony, just collect your facts and do it.

There are two issues to pay attention to. The emails presumably describe some event that is relevent to the case. You need to prove the truth of this event. The other issue is that you need to discredit the other party and show that they are supplying fraudulent documents.
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