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Can Emails Be Used In Court Or Not?

Defamation Law Discussion Forum

Can Emails Be Used In Court Or Not?

Postby juanito » Mon Apr 04, 2011 10:53 am

Hi,

my friend wants me to write an email from court about seeing him pay rent to the landlord. But I don't want my name brought up in court because my landlord is crazy and will evict me too. So is there any way to write this email without my landlord knowing about it? It's not small claims court but the next level up I think (supreme?) Anyways I want to help my friend but I dont want to get evicted and involved.

If I write an email and my landlord is at the court room will my room mates lawyer present the email in front of the whole court room and say my name and all? Is there any way to submit this as "private evidence" just for the judge and all without the other party seeing or hearing it? Thanks
juanito
 
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Can Emails Be Used In Court Or Not?

Postby honi » Mon Apr 04, 2011 11:00 am

yes they could be
honi
 
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Can Emails Be Used In Court Or Not?

Postby menw » Mon Apr 04, 2011 11:13 am

yes, anything in writing. is evidence, emails, documents, anything online can be used in court
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Can Emails Be Used In Court Or Not?

Postby darrell » Mon Apr 04, 2011 11:28 am

If I understand your question... Your friend wants you to write an email stating that you saw him pay the rent to the landlord...

You will be identified as a witness for your friend. The landlord has a right to question any witness.

He can't do that with just an email, and the court will not hold much faith in an email even if they let it be admitted. How will the court even know that the email didn't come from an email account that your friend created?

So, if you really do have evidence that your friend payed the rent, you should appear in court and testify to what you know or saw.

If your landlord is really trying to steal from your friend and you know he is doing so, then your obligation is to go to court and testify to that.

So what if your landlord evicts you too. Rather that then him accusing you of non-payment next time after he wins the money from your friend. You should just testify and then start looking for another place to stay.
darrell
 
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Can Emails Be Used In Court Or Not?

Postby galvin » Mon Apr 04, 2011 11:33 am

There is no such thing as "private evidence" in court. If your friend isn't important enough for you to testify on his behalf, then you will not be able to help him.
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Can Emails Be Used In Court Or Not?

Postby donough » Mon Apr 04, 2011 11:35 am

No, the judge can not even look at BS like that.

It has to be notarized (proof it was you) and copies need to be submitted to all parties before it is seen by the judge.

Even then you will most likely be required to come in and swear to this under oath, a letter has very little weight. You have to be available for questioning on both sides.

And, as a landlord, I can tell you that this is not enough anyway, you have no idea what the money, all you know is that you may have seen money change hands. The dead beat needs a receipt from the landlord that they accepted the money, and it was for current rent.
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