Is Email A Legal Document?
According to recent usage of emails in court, email is now considered more than just another form of communication but can be considered a legal document that an individual or group including the government can use to prove their case in court.
Court Rulings In Favor Of Email As Legal Document
The Wisconsin Supreme Court in the case of Kasten vs. Doral Dental USA on June 22, 2007 overturned earlier court rulings that had determined email to be a form of communication and not a document. There point of reference was that emails were being sent by the company not as private communications but as company records and were actual parts of the company’s methods of making operating agreements between employees.
Emails Protected As Part Of Discovery In Court Case
Magistrate Judge Morton Denlow on January 8, 2009, while sitting in the case of Roth vs. AON Corporation, secluded an email from eDiscovery plaintiffs by citing that the email and draft contained document information that had direct bearing on the fraud charges that the plaintiffs were facing.
Corporate Emails Have Been Extended By Courts To Be Deemed Corporate Documents
Courts are becoming more informed about hi tech methods of sending, receiving, storing and hiding corporate documents in emails. Courts are prohibiting the destruction of evidence on home computers and have ruled that government agencies can ask for stored information in emails. Emails that are sent by corporations in general format including attachments on corporate business and not as private communication from one person to another or from a company to a private person are considered to be legal documents that can be searched by government agencies investigating corporations