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Location:
Brisbane
Registered:
February 2003
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Re: Email Validity in Legal Proceedings?
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Fri, 28 January 2005 01:45
 
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did you locate/procure the email yourself - or was it provided as a result of a discovery or search process?
one involves yourself ascertaining to the veracity of the email, the other requires the party responding to discovery to certify that it is a true record.
If discovery is available to you, i would suggest you attempt to locate the email this way - if they respond in the negative (despite you having log files and other documents and statements proving otherwise) you can later make a mockery of other responses in court or motions submitted to the court.
Don't rely on the email alone, you'll need person(s) to testify that the email was sent or delivered - or even to make a statement as the information in log files or extracted from someone's email database.
e.g. this is a copy of the email my client sent your honour, this is the log files from the company server on that date, this is his sworn statement regarding writing and sending it, this other statement is from the IT support person pointing out the successful sending of the email on that date, and this CD is the log iles from the 30 days after sending indicating that the companies ISP did not return the email undelivered, ... surely all of these people and log files are telling the same story which is that the email was sent and was delivered successfully...
step one:
backup, secure and certify a copy of all your email log files now
backup, secure and certify a copy of your mailbox now
get an IT consultant to analyse and certify the contents of the message headers of the offending email (if it was sent to you)
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