Testimonial Authentication of Email Evidence

As discussed in the article Internet and Email Evidence on the Recent Articles page (http://www.josephny_live.com/articles/viewarticle.php?11), there are many ways to authenticate email evidence. One simply way is to have one of the participants to the exchanges testify that printouts are fair and accurate copies. See, e.g., Ussery v. State, 2008 Tex. App. LEXIS 741 (Tex. App. Jan. 30, 2008) (approving admission where the victim “testified, identifying the e-mail communications as fair and accurate copies of actual e-mails she exchanged with appellant. She thus provided testimony authenticating the e-mails.”). This, of course, is only prima facie evidence of authenticity. The other party may assert, for example, that he or she was not the source of the emails received by the witness. For responses to that argument, see the Internet and Email Evidence article.

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