How to Use Email Records in Court
Using email records in court falls under the broad topic of electronic discovery. Electronic discovery covers not only email, but also servers, archives, digital images, voice mail, word processing documents, spreadsheets, presentation documents, PDAs, phones, laptops, storage media, wireless handheld devices, pagers, Internet data and backup or disaster recovery systems. Discovery is the procedure in a trial, by which one side requests certain information from the other side to help them build their case.
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Instructions
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The process
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Determine what emails you need to see. Be specific--include that you need any attachments to those emails. Decide if you want the data in its original form (as a file on a server) or a hard copy. State also if you want the full header address which could lead you to other information; for example, if the email was forwarded to others. Be sure to keep your scope as narrow as possible, because the procedures take into account the expense of getting the information and the potential for a voluminous amount of data.
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Request the format you want the data in, and if you want the metadata, which includes when the email was received, created, sent or opened. If you want the data in its native state, request the software necessary to open or view it. You can request that the emails come to you in a searchable format. Be certain that you request everything you need as you will not be able to come back later and ask for it.
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Place your requests in the discovery document and file it with the court. There may be a discovery conference to discuss the cost of data retrieval and/or reproduction depending on the amount of emails requested and the extent of the requests (i.e., just one user's email, or one user's email and the email of the recipients, etc.). There may also be a discussion on shared burden of the costs. Be prepared for your opponent to argue that the data is too voluminous and attempt to get it cut down. Be sure you have valid arguments, backed up by case law if possible, for the nature and amount of data you are requesting. Also, be sure you request a method of verifying the authenticity of the data as well as its existence or non-existence.
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