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FAQLegal & Tech

How and on what support should the eEvid receipt be provided before a Court

For greater probative and procedural efficiency, and without prejudice to being able to provide it in paper format, it would be advisable to provide the eEvid.cert in electronic format and on any medium accepted by the court (and that allows a copy to be provided for the other party). The electronic stamp with which the eEvid.cert is signed guarantees the integrity of all your data, including the copy of the original email it contains.

A printout of the header and body of the original email message is included in the eEvid.cert. In most cases, this print is enough to prove the content of the email. But if the original email included attachments, it won"t be enough: in such case, it will be necessary to retrieve the copy of the original email that is stored in the attachments section of the eEvid.cert.

This is our advice:

  1. Provide the evidence in its native format, that is, presenting the PDF eEvid.cert in electronic format as we have provided it to you.
  2. Also provide in electronic format the copy of the original email that you will find in the attachments section of the eEvid.cert.
  3. If the original email included attachments, you can also choose to extract them and provide them separately in their electronic format.

The probative strength of these elements makes it difficult for someone to question it without further ado, and normally a merely negative attitude will not suffice, but it will be necessary for the other party to provide some evidence and argument to support their doubts. In this case, and in order to verify the certainty of the content of the eEvid.cert certificate, it will suffice to complement it with an expert report in which (i) the expert exposes the verifications that he has been able to carry out regarding the content of the certificate, and (ii) it can also provide the Court with an understandable explanation of the technical reasons that allow it to conclude that it is unquestionable electronic evidence. Said report will serve the Court to confirm and technically support the probative effectiveness of the eEvidence. If necessary, contact Support to request a budget for the writing of said report.

Check any bounces

Your email can be considered effectively delivered, unless you receive a bounce message saying the contrary. If no bounce message is received, it is the recipient"s responsibility, not yours, to find out what happened to your email. For greater assurance, access your private area and check the status of the email receipt.

Thank you for asking!
eEvidence Support Team

Related to Support  Tips Proof 

"If I have to present the evidence in Court, how should I do it?"

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