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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.

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Attorney answers 2


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.

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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.



thanks! yes, the judge said to exchange the emails, so if they said to do that then they ought to consider our emails :) there was an alteration actually, but the way it happened is this: the opposing party served me with my own email, which the party translated through google translate and messed up the translation as google translate is not reliable at all, and once the text got translated according to google, the opposing party wrote the word -kill- in the parenthesis next to the foreign word of f*uck. Basically, I used the word F in the email at the end of the sentence, so when the opposing party translated the sentence on google to present it to the court, they added the word (kill) after the translated word F** as in to make it seem that when I said F** I really mean Kill lol. This is so obvious because the opposing party translated the english version right under my real email on the same sheet, so after my mentioned F*n they write next to it Kill as in to pretend that what I really meant by saying F** is to kill that person not F*** them...obviously there is no connection between killing and the use of word F***. I will have to bring this up to the judge and he will see it clearly.