Commercial Litigation and Arbitration

Email Evidence — Attachments to Authenticated Emails Are Themselves Authenticated

From Madison Holdings, LLC v. Punch Int’l, NV, 2009 U.S. Dist. LEXIS 27406 (S.D. Tex. Mar. 31, 2009):

Plaintiffs also object to documents attached to Maes' executed declaration filed on June 30, 2008. Specifically, Plaintiffs object to an email from Vandekerckhove to Maes dated July 14, 2004, a certified translation of the email, and two marked-up drafts of the APA, which were attachments to the email. Although these documents were not originally attached to Maes' unexecuted declaration when it was first filed on June 13, 2008, the Court, in its discretion, will allow them. Defendants contend that Maes discovered, upon final review of the materials, that these documents were missing and, as such, produced them when he executed the declaration. Additionally, Plaintiffs contend that Defendants failed to properly authenticate the email attachments. The Court, however, disagrees. These documents were attachments to an email that was authenticated by Maes' declaration. Accordingly, Plaintiffs objections are overruled.

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