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Obtain, Authenticate and Challenge Email Evidence in Divorce Litigation

In this focused program, our experienced faculty will provide you with their tips/tactics and teach you what you need to know to effectively use email data as evidence. Overcome key hurdles in collecting the evidence you need, learn how to authenticate different types of email evidence, and discover how to keep the opposition's email evidence from damaging your client's case. Stay on the cutting edge of practice - register today!

  • Stay current with the latest rules, procedures and case law regarding email evidence in divorce litigation.
  • Learn how to authenticate and admit specific types of email evidence, including messages, chains, attachments and more.
  • Gain strategies for suppressing the opposing party's retrieval and admission of email evidence.

Session Time: 2:00 PM - 3:30 PM Eastern
Presenter: Kirk C. Stange

  • Collecting Email Evidence in Divorce
    • What to Look for and Where to Find it (Quickly)
    • Finding a Treasure Trove of Information in the Metadata
    • Do-it-Yourself Strategies for Recovering "Lost" Email Data
    • Requesting Emails From Employers (w/Sample Subpoena)
    • Computer Forensics Experts - When and How to Use Them
    • Avoiding Electronic Communication Privacy Violations
    • Ensuring Preservation of Email and Other ESI
    • Sample Discovery Requests
  • Email: Authentication and Hearsay Hurdles
  • How to Successfully Authenticate and Admit Email Evidence
    • Applying the Rules of Evidence to Email
    • Email Messages and Chains
    • Self-Authenticated Emails
    • Email Attachments
    • Images/Photos
    • Video and Audio
    • Authenticating Emails Through Witness or Expert Testimony
    • Anticipating and Minimizing Objections
    • Effective Presentation of Email Evidence in Family Court
  • How to Block the Opposing Party's Retrieval and Admission of Email Evidence
    • Blocking the Opposing Party's Retrieval of Email Evidence
    • Client Control
    • Motion in Limine to Exclude Emails
    • Challenging the Admission of Email Evidence
      • Arguing Against Authenticity
      • Unlawful Interception
  • Case Law and Sample Scenarios of Email Evidence in Divorce Litigation

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