question concerning electronic data in court

[kidsintx]

Greetings all!
Have a quick question concerning what electornic data can and can not be admitted as evidence in the state of Texas. ICQ messages are the main concern right at this point, also have very hostile and threatening email from soon to be x. Since I am pro se and he has the money, power and lawyer wondering if and what type of ammo I can use!!! Thanks for any and all advice, comments.
Denise

 

[I AM ALWAYS LIABLE]

Greetings all!
Have a quick question concerning what electornic data can and can not be admitted as evidence in the state of Texas. ICQ messages are the main concern right at this point, also have very hostile and threatening email from soon to be x. Since I am pro se and he has the money, power and lawyer wondering if and what type of ammo I can use!!! Thanks for any and all advice, comments.
Denise

My response:

You can use it. Just make sure you print out the "headers" also, which show who sent the messages, and when.

IAAL

 

[LegalBeagle]

Greetings all!
Have a quick question concerning what electornic data can and can not be admitted as evidence in the state of Texas. ICQ messages are the main concern right at this point, also have very hostile and threatening email from soon to be x. Since I am pro se and he has the money, power and lawyer wondering if and what type of ammo I can use!!! Thanks for any and all advice, comments.
Denise

Emails are ok because of the traceability of that medium. However ICQ messages can be worthless if the person denies that they sent the message as they are impossible to prove due to the lack of header information. You would have to haul your computer into court to add any weight to the evidence.

Also, be prepared to explain what ICQ is to a judge in very simple terms.

Email sent from work addresses are the best because all you have to do if they deny it, is to threaten to subpoena their companies email records. Few companies are happy about receiving such a 'request'.

 

[kidsintx]

thank you!!!

Thank you soo much for the information!! Will be sure to have headers on the email!! and explain ICQ in simple terms! Hope everyone has a wonderful and very happy New Year!!!