Commercial Litigation and Arbitration

Email Evidence — Admissibility

From CA, Inc. v., Inc., 2009 U.S. Dist. LEXIS 25242 (E.D.N.Y. Mar. 5, 2009):

When proffering emails as evidence, parties have to contend with hearsay objections, just as they would with hand written correspondences. 5 -900 Weinstein's Federal Evidence § 900.07; see also Fed. R. Evid. 802 (the hearsay rule); Gregory P. Joseph, Internet and Email Evidence, SM078 ALI-ABA 247, ALI-ABA Course of Study Materials, Trial Evidence in the Federal Courts: Problems and Solutions, Course Number SM078, March 2007 [hereinafter Joseph]. "An email offered for the truth of its contents is hearsay and must satisfy an applicable hearsay exception." Joseph; Fed. R. Evid. 801(c) (defining hearsay as a "statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.").

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