NACDL - Admitting Email Into Evidence

Admitting Email Into Evidence

Emails, texts, and tweets have become ubiquitous in modern communication. Particularly in white collar cases, email messages are proving to be a critical piece of evidence in government prosecutions. Moreover, the government usually has no difficulty getting such material admitted as an admission of a party opponent or a co-conspirator statement. 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.