Commercial Litigation and Arbitration

Email Evidence — Authentication by Production in a Prior Action

From Phillip M. Adams & Assocs., LLC v. Dell, Inc., 2009 U.S. Dist. LEXIS 26964 (D. Utah Mar. 27, 2009)):

As to the emails, ASUS says "Plaintiff has not submitted a sworn testimony that the emails attached as Exhibits A through D to its memorandum are authentic under Fed. R. Evid. 901, which requires a witness with "knowledge . . . that a matter is what it is claimed to be." These emails were first produced by Winbond in the Gateway case, not in this case. Winbond was not a party to the Gateway case, but is a party in this case. While it is not clear on this record whether Winbond also produced the emails in this case, it is clear that Winbond would readily authenticate them again by production, which would be an effective authentication against all parties to the case. [Footnote 72: ***Orr v. Bank of Am., 285 F.3d 764, 776 (9th Cir. 2002).] Authentication for this motion is satisfied.

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