Can I See Their Emails in Discovery?
I’m always asked this question. Can I see my opponent’s emails in Discovery? Well, the short answer is yes. If the opponent’s emails will provide relevant evidence, or even if they will provide information that will lead to relevant evidence. To maximize your ability to secure such information, ask questions that show the relevance. If you pursue claiming you’re owed money under contract, an example might be that they produce all emails relating to how the parties met, what the terms of the agreement are. What monies were discussed, promised, or exchanged. What discussions related to why monies were paid or not paid, among other questions. There can be serious penalties for improperly deleting emails to avoid having to disclose them. You can also ask for emails to be sent with their original metadata, which is one way you can determine whether emails were deleted or altered in any way. Consult an experienced trial lawyer to know the exact types of requests you should make of the opposition.