Sunday, December 14, 2014

How to Authenticate & Lay a Foundation for Emails to be admitted as evidence?

Question: Hello. I am a Pro Se Petitioner in a child support violation trial (can't afford attorney). I have many emails that I would like to have admitted as evidence, from the NCP to me, the CP, regarding his outright refusal in writing to pay for child care, which goes to willfullness. They are also emails of my demands for payment of child care and past due child support, including the contracts with the school and proof of payments made. I know his attorney will object, so what specific questions and words do I need to use to get the emails admitted? Please help. Thank you.

David's Answer: The better approach would be to serve them with a "notice to admit." The form for same can be obtained from the Supreme Court's Law Library (just look up the form in "McKinney's Forms" book under CPLR 3123). You may also seek to confront the respondent with the e-mails when cross-examining him. -- David Bliven, Westchester Family attorney (

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