September 25, 2013 Articles

Email and the Business Records Exception

When trial rolls around, getting emails before the jury isn't always so easy

By Jason Knott

Email is a prevalent means of communication in the business world. As a consequence, it often plays a significant role in modern commercial litigation and white-collar criminal cases. In civil depositions, lawyers love to ask resistant witnesses to explain their own words, captured for eternity in electronic form. And prosecutors often use emails to put companies or individuals on the defensive.

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