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I sent an email to someone, how can I prove it at trial?

Santa Barbara, CA |

This is Superior court and I sent an email accepting an offer to buy a car.

How do I legally show the email as evidence?

Attorney Answers 3


  1. You would, through your own testimony, establish a foundation and the authenticity for the email. Your testimony will establish that the email within the document is the actual email which you sent to so-and-so on such-and-such date. After you do so, you make a motion to the court for that email to be admitted into evidence.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.


  2. Expanding on what Mr. Chen stated so well. Bring several copies of the email to trial. When offering it at trial, show it to the other side and ask if they object to your admitting it into evidence. If there is no objection, then you ask the court to admit this as Exhibit __. If they object or the court wants more testimony on its authenticity, then you testify that you received it on or about the date indicated and you responded to it and had more emails with the person. Also, ask the person to testify that they sent it to you and then ask about the contents, such as was this accurate and is this their correct email address and logo on the email?

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  3. I agree with both of the responses and what they are telling you should work, if the email is critical to the case, you could even go further and retain a computer expert to testify that he checked your system and the email was sent and recieved. They have a way of being able to confirm this nowadays. You should formally designate that person as a retained expert per CCP §2034.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

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