Are Emails Considered Official Legal Documents?

Before knowing if an email can be a legal document, it is important to know what a legal document is. This type of record represents a contractual relationship between two or more parties. The details of the relationship are confirmed to be true by the signature of each party at the end of the written agreement.

There can be other types of legal documents including official notices, disclosure notices, and paperwork that is relevant to a company’s specific business activities. Still, the term “legal document” has a very broad definition. In most litigation cases, each side will ask the judge to rule on the types of documents that will be considered legal and relevant to the case.

Company records are a form of legal document

Within the business community, legal documents are identified as company records that offer an account of something that took place. They provide an objective account of the actions that have occurred and those achieved to gain an agreement. Each side will offer a statement from their own perspective on a matter in a recorded format. Documents of this nature should never be changed or altered, because the other side will challenge the authenticity of the paperwork as actual legal documents.

It should be noted that some portions of company records could be amended without ever changing the original documents themselves. Therefore, all recorded documents are considered a form of evidence because they all have value for some amount of time.

This is confirmed by the United States Department of Justice, Rule 803 (6) the Federal Rules of Evidence, which states all business records are an account of activity. This will include any form of documentation. Just because emails can be used as business records and evidence does not mean EVERY email can. In order for emails to be admissible in court, the following conditions should be met, although the court may require more:

1. Emails should be sent at or around the time of the event in question by someone with knowledge of the event.
2. They should be part of normal work practice, especially for the party using the email as evidence.
3. A witness should attest that all requirements are met in the emails for them to be admissible as business records.

Emails can be legal documents used in court

Emails can be used as admissible evidence in a court of law if they’re found to be authentic. Once they fit the criteria, the emails can be treated as legal documents. This gives the judge the capacity to subpoena all emails if they are a part of an ongoing legal matter. The scope of emails has grown significantly and no longer can be considered just a form of communication between two individuals. Now, emails must be considered sensitive information in many business settings.

Keep in mind that all emails (informal or business) have the potential to be part of a court case. Never introduce them as part of your defense until they have been cleared by your legal department. Your attorney will know why and how emails can be subpoenaed in court. It is the job of your legal team to prove the emails are authentic and have never been changed or altered. However, you must also know how to send and store emails properly for them to even be considered for use.

How you can make and keep emails as legal records

You must be aware and have a full understanding of all Federal and State laws regarding information disclosure. This will help you to better understand a “legal hold status,” which will impact your decision-making process in regards to record retention.

Get into the habit of asking for a verification that confirms or denies the content of any email in question. This should be saved along side the original email to show that an official trail of communication has been established. It is important to include a stipulation in any agreement that all emails are treated as official legal documents.

You can save time and money by hiring a third party to preserve important client communications as business records that can be used as evidence in court. At 901BusinessMail, we are ready to protect your business records now and far into the future. If you would like to learn more about us, please call (806) 803-9142 or Contact Us by email today. We provide secure and efficient Services for large or small companies and individuals.