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Can Email Communication Be Used as Legal Evidence in Court?
Law and Tax ChangesEntrepreneur
If you often talk to your clients or suppliers via email communication, it could happen that the former places an order and later retracts it, or the latter does the same with an offer. Do you want to know if your emails can serve as evidence in court?
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1. What happens if you present an email communication as evidence in court?
If this happens and you present the email communication as evidence in court, they will consider it a private document. However, this doesn’t mean it won’t be useful as evidence, as the judge will evaluate it freely along with other existing evidence.
One criterion to consider for its evaluation is whether email was the usual way of placing orders with that particular client or supplier. If so, there is a much higher chance that the judge will accept it as proof that the order was made. On the other hand, if these habits don’t exist, it will be more difficult.
2. Challenges in validating emails
It is more difficult because emails, WhatsApp messages, and other social media messages are usually submitted in legal proceedings on digital magnetic media (CD, DVD, USB drives) or paper. In any of these formats, what they contain is simply a reproduction or copy of the original. Therefore, since they are copies, these formats do not irrefutably prove that their content is an accurate reflection of the original document.
Additionally, it’s easy to manipulate these types of messages, as there are already applications that allow altering the sender or the content. For this reason, most times, expert evidence will be needed, such as a report from an IT engineer on the origin and non-alteration of the content.
3. What can be done to avoid these situations?
There are specialized companies that certify the content and sending of emails, so if you send your emails through them, they will be more easily accepted as evidence in court.
That said, if you find yourself in a situation where you believe you might face problems, the safest option is to use a method like a registered letter (burofax). Although more expensive, it will also constitute a more effective means of proof.
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