Commercial Litigation and Arbitration

Testimony from Recipient of Email Suffices to Authenticate It, As Does Affidavit

From Read v. Teton Springs Golf & Casting Club, LLC, 2010 U.S. Dist. LEXIS 134621 (D. Idaho Dec. 14, 2010):

Exhibit 10 "is a true and correct copy of an email from Aaron Wernli dated March 21, 2006. See McLean Aff., ¶ 13 (Docket No. 448, Att. 1). Plaintiffs argue that Exhibit 10 was (1) sent to, among others, Plaintiff Chris Frye who authenticated it during his deposition, and (2) already filed with this Court, without objection. *** While All Seasons points out that Chris Frye was not the author of Exhibit 10 ***, one of its recipients, Chris Frye, has allegedly already authenticated it during his deposition. See, e.g., In re Second Chance Body Armor, Inc., 434 B.R. 502, 504 (Bkrtcy. W.D. Mich. 2010) (in discussing FRE 901, "[w]hen the document involved is an e-mail communication, a 'participant in, or recipient of, that communication' will generally be able to authenticate the communication, so long as the person 'was able to perceive who communicated what.'"); see also Fenje v. Feld, 301 F. Supp. 2d 781, 809 (N.D. Ill. 2003) ("E-mail communications may be authenticated as being from the purported author based on an affidavit of the recipient . . . ."); Maier v. Pacific Heritage Homes, Inc., 72 F. Supp. 2d 1184, 1190 (D. Or. 1999) ("Since Rockwell was a . . . recipient of the memorandum, his affidavit suffices to authenticate the exhibits[, including the memorandum]."). Therefore, based upon the record provided thus far, Exhibit 10 is not stricken for the purposes of Plaintiffs' opposition to All Seasons' Motion for Summary Judgment.

Share this article:


Recent Posts