Can I use my ex’s personal emails in a child custody case?

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Can I use my ex’s personal emails in a child custody case?

I set the account up years ago, and had the password. He is doing illegal activity, which I can prove with his emails.

Asked on November 23, 2012 under Family Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You would need to contact your attorney in Michigan for a complete understanding of the laws in your state. Whether or not you can admit this email in court depends upon a number of factors. You will need to verify its authenticity and that it was in fact your ex writing or responding to the email. Generally speaking, e-mails are considered what is known as "heresay" and are inadmissible unless they fall under an exception to the heresay rule.  Get help.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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