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The Champion

September-October 2017 , Page 26 

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Admitting Email Into Evidence

By Jon May

Emails, texts, and tweets have become ubiquitous in modern communication. People speak less in person or by telephone, and more communications are accomplished digitally. Particularly in white collar cases, email messages are proving to be a critical piece of evidence in government prosecutions.1 Moreover, the government usually has no difficulty getting such material admitted as an admission of a party opponent2 or a co-conspirator statement.3 But when the defense has exculpatory evidence to present, the hurdles are much higher and there is no guarantee that an email, no matter how important to the defense, will be admitted. This article will address ways in which these hurdles can be overcome.

Hypothetical

A defense attorney represents client Big Box, which is accused of price fixing. The defense seeks to introduce an email from the vice president of operations (Ronald) to the chief operating officer (Paul). The email recounts a conversation in which the president of B

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