E-Mail-As Evidence

Abstract

This paper will provide a brief overview of E-mail as one of the electronic which can be used in courts. Electronic is edition of As Sookman explain in his book, computer, internet and electronic commerce law, “The Internet and electronic commerce are raising challenging new issues that modern business enterprises need to understand and address. Lawyers, accountants, and other professionals, are now providing assistance to clients in dealing with new developments related to Cyberspace”. Electronic such as e-mail is a side of It is information that is electronically at some stage, although it may exist on paper or some other medium at one or more stages of its existence as electronic and others E-mail as documentary evidence must satisfy the similar rules, whether common law or civil law are required for traditional to be admitted into Electronic and e-mail, however, strains evidentiary terms such as original, recorded and copy. Using the electronic like e-mail creates new questions as to what constitutes authentication, best evidence, hearsay evidence and evidence. Moreover, the lack of certainty as to how electronic will be treated by the courts sometimes forces businesses to keep two sets of records, the computer records that they use on a day to day basis, and the traditional paper based records that are retained in case they are needed for litigation purposes. It will create controversial issue between the traditional and modernization in the law of Moreover, the lack of certainty as to how electronic or e-mail will be treated by the courts, will be dependent over the discretion power to the judge. That situation is different from country to another from legal origin to another for instance, the common law rules governing the access of have develop over time and the courts in Canada have shown that they are ready to adapt the common law to meet changes in economic, business and technological circumstances, that as a result of the flexibility of the common law as William Tetley explain, in his article, “On the one hand, the realities of modern life can be addressed in a more timely fashion through the common law “ that paper will try to clarify, the acceptance of electronic “e-mail”, real versus electronic records and foundation evidence”( Best rule, Authenticity, and hearsay), in scope of the UNCITRAL Model Law and the electronic act, which closely follows the UNCITRAL Model Law in its reform of record retention rules.