Most courts will accept e-mails as exhibits to your response declaration. By so attaching them to the declaration, you are attesting to the e-mail's authenticity. You should try to submit all your paperwork according to the court rules, or you risk the court not considering your information. I would suggest sitting down with an experienced family law attorney and working out a plan to achieve your goals.
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Emails are hearsay evidence and there needs to be authentication (by forensic investigation) before they will ever get into evidence. If an e-mail can be connected to the person without there being any doubt of someone else having sent it, then it is possible it could be used as evidence.
Normally you would need to submit the emails as exhibits before the hearing, and serve the other party. There may be hearsay objections, but often the court will consider emails of the parties if they are relevant to the issue. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides for more information about the legal issues raised by your inquiry. Please keep in mind that although these Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. Click on my photo. On my AVVO home page click on "View Contributions" or scroll down further and click on "Legal Guides." Scroll down the list of my 29 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful.”
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