Legal practitioners are faced with conflicting demands when it comes to litigation. On the one hand, legal practitioners must deal with 1) judicial obligations (for example, document and email production in discovery) and 2) ethical standards (for example, safeguarding attorney-client privilege and preventing inappropriate disclosure of client data). Legal experts, on the other hand, seek to give efficient service to their clients and avoid burdening them with additional fees that do not help them win the case. The collecting and production of email evidence for use in criminal or civil action is one of the issues.
Gathering email communications for criminal investigations
There are three legal procedures for collecting emails for use as evidence in a criminal investigation that are often employed.
- A warrant is a document that law enforcement obtains from a court authorizing them to conduct a search for probable evidence in a criminal investigation. Law enforcement must establish probable cause to suspect that an object, in this example an email, is evidence of a crime when getting a warrant. Here’s where you’ll learn about the most likely reason.
- A subpoena duces tecum is a court summons that requires the receiver to appear before the court and provide papers or other physical evidence for use in a hearing or trial.
- Signed Consent or Signed Authorization: In this instance, the owner of the Gmail account agrees to deliver email messages or provide access to their account on a voluntary basis.
Gathering email communications for civil lawsuit
The following are the most typical legal demands for emails to be obtained for use as evidence in civil litigation:
- A Demand for Production: This is a document, which comes as a part of the formal discovery process outlined in a jurisdiction’s civil procedural regulations.
- Stipulation: Attorneys on both sides of a legal case may stipulate, or agree, to enable the collecting of their client’s email communications in order to save money on discovery.
- Non-party Records Subpoena: A subpoena duces tecum is a court summons that requires the receiver to attend in court and provide papers or other physical evidence for use during a hearing or trial.
- Court Order: If the parties are unable to reach an agreement or there was an error in the first email production, the case may be brought before a court. The court may mandate a collecting method according to a prescribed protocol after hearing from counsel. The Court may also appoint its own expert to gather or analyze the initial collection of a party.
Why should you use Save Emails to PDF to capture legal emails?
The tools you use to gather your emails may make or break a case. If emails are not collected correctly, there are serious consequences:
- Inadmissible Evidence: Evidence may be found inadmissible if it was not collected correctly. As a result, appropriate protocol must be followed in every aspect right from the start.
- Spoliation Penalties: Spoliation monetary penalties may be levied if email evidence is acquired or obtained inappropriately, and any data is purposefully destroyed or otherwise manipulated in the process.
Save Emails to PDF is a program that collects email messages and converts them into PDFs that may be used as digital proof.
If you don’t want to encounter these challenges as you save emails to PDF, you should start using our tool. We will provide a comprehensive tool, which you can use to save any email you have to a PDF file. Then you just need to submit the PDF file to the court, which will be accepted. This will help you to stay away from legal issues that you may encounter.