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How to authenticate emails for restraining order case

La Jolla, CA |

The evidence is based on email submissions to the court. The opposing party has submitted bunch of emails, which were translated online with some translation mistakes. I also noticed alteration of my word in that email. My question is how to authenticate my emails so that just in case if the opposing party decides to say that none of them are real, I can prove authentication.

Attorney Answers 2

Posted

Authenticating emails can be difficult due to the fact that most e-mail systems allow a person forwarding an e-mail to edit the message being forwarded. Such alteration wouldn't be discernible to the recipient. A few ways in which an email can be authenticated are affidavits, deposition of witnesses, or if the email came from a "unique" account such as a work email address that includes the company's domain, or a school email address (.edu).

This is not legal advice and a client-attorney relationship is not created as a result of this communication. For a free consultation call 619-752-0125 or email at ben.aguilar.law@gmail.com. Se habla Español.

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Posted

The best and cheapest way to authenticate your emails is to print them out and attached them as exhibits to your signed declaration in which you swear under the penalty of perjury that the exhibits are true and correct copies of the emails you received on so and so date, so and so time, from your email account xxxx@xx.com. This may or may not be sufficient for the court.

****The opinion above is not intended to be legal advice and absolutely does not create any attorney-client relationship between its author and the readers. Please consult an attorney for information or advice specific to your legal issue.**** Regal Law Office APC 21151 S. Western Ave. Suite 225 Torrance, CA 90501 310-212-7109

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4 comments

Asker

Posted

Well the opposing side will be turning their emails written by me to 'prove' their complaint, so I presume that if the judge does not look at my evidence then he should not be looking into their evidence as the whole thing is only based on emails, since there has not been any physical contact. I do not see how the judge would play favoritism by choosing to look at the one side's evidence in form of emails, while he disregards mine, right. I mean that would be like discrimination of evidence by hearing one side while shutting off the other side, since there are no other evidences except the emails for both sides.

Asker

Posted

p.s. since I mentioned before that we both have no other evidence except emails against each other, by choosing to read only one side's emails would be equivalent to refusing to hear and allow me to represent my side, if the court refuses my emails while reading the other side's. I just don't see how the court could discriminate like this especially when if I do not present my side (by not allowing to), then I will have no evidence to prove the false allegations as they are false completely since there is an ulterior motive to the opposing side's claims/complaint. So based on what I have written here, do you think the court will also read my emails or if they do not accept my emails then they can not accept his and leave my in a vulnerable situation of not having any evidence left to show.

Anh Ngoc Nguyen

Anh Ngoc Nguyen

Posted

I suggest you review Evidence code 356, the rule of completeness which requires as follows: If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part — or any other writing or recorded statement — that in fairness ought to be considered at the same time.

Asker

Posted

great thanks...if you don't mind of course, can you explain the following statement to me "adverse party may require the introduction, at that time, of any other part — " I did not understand that, sorry. What is the intro in this case :) sorry.

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