I get my legal advice elsewhere. But does anyone here have experience using a WS's email at trial (e.g., as part of substantiating adultery)? If so, how did it work out?

- WG

I attempted to introduce an e-mail, all the judge wanted to now was how I got it. I had used Specterpro, on our shared computer, and the judge had to "think about it." Of course, the other side objected. I wasn't allowed to bring it back up.

I didn't have an attorney, and sadly that seems to matter to judges.

I have a friend who had email she had guessed her WHs password for. Her lawyer tried to admit it in court and the judge said it was obtained illegally and wouldn't allow it.

I think it is ok if you say that your partner 'forgot to log off'.

However, you are going to need other evidence as emails can be faked. Your best bet is to say that you are planning to subpoena the OP. Amazing how that gets them running for the hills as there is not a lot of honesty and trust in that relationship so they can't be quite sure what OP will say on the witness stand :-)

In an actual deposition (where the rules of evidence aren't as cut and dried as in a trial), it could be used for questioning without trying to admit it into evidence. The trick is to get the witness to authenticate it. Once that happens, it's in and can be used at trial.

I had a case once where I was able to find an email that was posted on a message board similar to this one that was made by a woman suing for neurological damage as a result of a car accident. We represented the insurance company.

The problem was that the email was sent five years prior to the auto accident in question. My attorney asked her if she had ever used the email address "such and such" and she said yes.

He then showed her the email where she is asking a neurologist for advice and claiming that she felt she would be crippled for life if it got any worse (remember this was five years prior to the accident at issue).

Busted. Case settled quickly after the depo adjourned that day.

Oh and another method is if the emails were generated on a corporate network. There is no expectation of privacy. You can subpoena the emails and get them in that way. It's a hassle for the company (another black mark against the employee using company email) but they would have to abide by the subpoena, at least to produce relevant emails that weren't protected by attorney-client privilege, trade secrets or some other privilege.

I don't know about e-mails but one poster here, Charlotte22, had the OW in her case brought into the legal suit. I don't think it was for alienation of affection either. She had the OW served at her work. Priceless.

I know one recently divorced woman who actually presented her XH's myspace blogs to the court as part of her suit.

A lot of electronic information is admisable, if it was obtained legally, especially something that comes from an email account that is audited coporatley.