Monthly Archives: October 2014

ARE EMAILS WORTH AT TRIAL?

 

The civil procedural law, (LEC), 1/2000 of January 7 provides, in art. 299.2, audio-visual means of proof (means of reproduction of the word, sound, image, as well as instruments for archiving and knowing or reproducing words, data, figures and mathematical operations carried out for accounting or other purposes Relevant for the process, as follows:

“The means of reproduction of the word, sound and image, as well as the instruments for archiving and knowing or reproducing words, data, figures and mathematical operations carried out for purposes Accounting or otherwise relevant to the process. ”

Moment of proposing emails as proof

To any claim or answer says art. 265.1.2ยบ LEC to be accompanied “The means or instruments referred to in section 2 of art. 299, if they were based on the claims of guardianship formulated by the parties. ”

About how to propose trial of emails in trial

As stated in the same procedural law (LEC), regarding the specific regulation of these means of proof, electronic or multimedia, in arts. 382-386 LEC, indicates how to propose or propose the parties as a means of proof the reproduction before the court of words, images and sounds captured by filming, recording and other similar instruments.

Article 382 states with respect to the Filming, recording and similar instruments and their probative value the following:

Contribution by paper:

“The parties may propose as a means of proof the reproduction before the court of words, images and sounds captured by filming, recording and other similar instruments. When proposing this proof, the party must accompany, if necessary, a written transcription of the words contained in the medium in question and that are relevant to the case. ”

The electronic fact that the computer will contain (for example, an e-mail) must be transferred to a suitable medium to be contributed to the process, and therefore establishes the transcribed article that the party must accompany, as the case may be The case of emails “written transcription of the words contained in the support …” regardless of whether it is also provided in the corresponding electronic support, either pen-drive, CDrom, DVD, if requested by the court.

In any case, the party proposing this means of proof may provide the opinions and instrumental evidence that it deems appropriate. Other parties may also provide opinions and evidence when they question the authenticity and accuracy of what is reproduced.