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Restraining order question about evidence

San Francisco, CA |

are both parties supposed to serve each other with the proof they will submit to the judge at the hearing or not necessarily. Our situation is only limited to emails and if my ex-wife does not respond to me with her own email evidences, will the court look into her evidence because the emails are easy to alter and she can alter words in it as she wishes to present it for her benefit. In this situation, will she not be able to present anything unless she has served me with those emails herself first to give me time to make sure that her email evidence matched the ones I have in my inbox. I have never been to the court before, so I would like to know how exactly the situation with presenting evidences work. Thank you.

Attorney Answers 2

  1. Emails are exhibits. Exhibits are to be exchanged prior to the hearing. This is done the same day as the hearing so each party can prepare objections in advance.

    You should contact an attorney in your area for trial prep and/or representation. Many attorneys offer free consultations.

    The information on this website is for general information purposes only. Nothing on this website should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

  2. Your question is fairly confusing. It sounds like you have done just enough research to get her in trouble. EMails, if properly authenticated (i.e., she says it's from you at your regular email address) are admissible as evidence in a proceeding where a party is the person writing the email. If she fails to authenticate this, then you have a variety of objections to try to keep it out (most will fail if she has a good attorney): failure to authenticate, lack of foundation, hearsay, etc.

    The big "unless" here would be "unless" you could show she altered the emails. The best way to do that would be to have your own email printouts. Or, you could argue that the emails come from an inherently unreliable source and you think she's tampered with them. Keep in mind the Court can decide to overrule your objections and let the documents in anyway, unless you have your own emails to present as the true and correct version.

    I don't practice in LA COunty. But if the Court ordered you to exchange exhibits before trial, you better do so, or - depending on your judge - none of the exhibits may come in.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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