Frank J. Prainito

Posts Tagged ‘email and text messages’

Using Text And Email Messages in San Jose Divorce Proceedings

Posted on: June 8th, 2016 by admin

 

Although some San Jose divorce situations may be amicable, many are not. Contention runs high, tempers flare, and harsh words and accusations are exchanged. Many individuals involved in heated divorces have questions on whether text and email messages can be used in court against the other party. The answer is maybe.

Often times, people think that text and email messages are not admissible in court. Hearsay is an out of court statement offered to prove the truth of the matter asserted. Not every email and text message is hearsay. Even if a text or statement in an email is considered hearsay, there may be an exception to the hearsay exclusionary rule, in which case, the email or text message may come in. If you have concerns whether specific text messages or email messages may or may not be admissible, speak to a San Jose divorce lawyer to discuss your circumstances.

If you are a party to a divorce it is best to avoid contact with the other party unless absolutely necessary. If contact is about dissolution proceedings you should let your San Jose divorce lawyer handle the issue and contact the other party if required.

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