We have numerous emails, faxes, contracts, etc. that arose out of a purchase of a house. They were provided by a non-party (the realtor) in response to a subpoena. Can we get these admitted into evidence by deposing the non-party and having her identify (i.e. authenticate) them at the deposition? If not, how do we get them admitted?
You get them identified by either their writer or by "the custodian of records" of the realtor. They have to be identified on the record, document by document, numbered by exhibit with a copy attached to the depo, you keep the original, or you establish the copy as an original. They have to be established by the custodian as "having been kept in the ordinary course of business." But first you have to establish the witness as the custodian of records.
What you are doing is part of what trial lawyers spend years learning how to do properly. You probably can't afford an attorney to represent you in the case but maybe you can pay an attorney just to take your depositions and advise you on what to do.
Good Luck.
The foregoing is offered for informational purposes only and is not legal advice nor does it create an attorney-client relationship but if the answer was helpful, kindly check the thumbs-up box below.
Evidence Law is uniquely governed by state statutes and Rules--in your case, FL--which govern trial practice in the Court in which you seek to have admitted the documents you have obtained during pretrial discovery, Accordingly, you should immediately contact a FL attorney to review this matter, under the applicable FL Evidence Laws and Court Rules.
The specific answers to your questions, which will be determined by the FL statutes and Rules which governing trial practice in the Court in which you seek to admit the documents you have obtained during pretrial discovery, can only be obtained via your personal consultation with an attorney licensed to practice in FL who knows the applicable FL statutes and Rules which are above described for you. You should be prepared to take with you to that consultation all of the papers related to the Court action in which you seek to have admitted the documents you have obtained during pretrial discovery, here at issue.
You should also be prepared to pay a fee for the attorney's consultation, review and advice. The amount of that fee, and the terms for the payment of same, should be agreed upon between you and your attorney before starting the consultation.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Ohio. Responses are based solely on Ohio law unless stated otherwise.
If you mean admitted into evidence at the trial then it depends. Documents can be treated very differentley depending on what they are--a photograph, a contract, an email. Authentication is just one element. You may get a hearsay objection or relavancy objection at trial. At a deposition we typically have the deponent identify the marked exhibit. Then tell us how he is familiar with the exhibit and so on. We lay the foundations to later authenticate. We also use "requests to admit" for this purpose. But admitting evidence is tricky business for the lay party. Beware of other evidentiary hurdles.
The information given to you by myself above is, as far as I know, currently the law and procedure in a Florida court. (There is more to to it of course). And I am sure the information given to you by Ohio attorney Wukovich and Georgia lawyer Teal is doubtlessly good law in a Ohio or Georgia court. I suppose they answered your question because there aren't very many people in Ohio or Georgia asking questions about Ohio or Georgia law and there aren't enough Florida lawyers here to answer all the questions Floridians ask about Florida law on .
Aside from the fact that there aren't that many of us lawyers here in FL, the ones that are here are just not as well versed on the Florida law of evidence as Ohio, Georgia , Massachusetts, New York, or California, lawyers are. We need more of these out-of-state attorneys to help us Florida lawyers answer Florida evidence questions. On behalf of all Florida attorneys, Thanks Mr. Wukovich and Mr. Teal!. :)
