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How to Admit Email Evidence

How to Authenticate and Admit Email in Evidence at Trial?

by Ronald V. Miller, Jr.

MARCH 3, 2023

Obviously, emails are hearsay evidence that are admissible at trial.  Donati v. State is a criminal case that teaches us a lesson in how to get an email into evidence at trial.

Emails are admissible in court.  You just have to know what the law requires to admit emails into evidence.  In medical malpractice and product liability cases, this is something you often need to do. This case shows us how to present an email at trial and get it into evidence.


The Facts of Donati v. State

If I will have to read a criminal case, I want some whacked-out facts to keep me interested.  This case delivers.  And this example helps explain how to get emails authenticated and in evidence. 

The defendant developed a grudge against a particular bar and bar owner after he was forcibly removed from the premises.  Over the course of the next few months, he exchanged various threatening emails with the bar owner and his staff from a variety of different email addresses.

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