Supression/Destruction of evidence

[JeanInFloridia]

What is the name of your state (only U.S. law)? Fl

Hi...this is a contempt of court and custody modification case.

My Ex and I have exchanged emails using the same account ID's for the last 7 years. His account is associated with his current Facebook and Myspace page. In the last 1 1/2 years, my ex's girlfriend has been included in the email exchange, however all emails by both his girlfriend and I were also sent to my ex. Since I filed motions in court, is girlfriend as gotten retalitory and nasty in email exchanges so I informed her that all emails would be sent to my ex and that he needs to email me directly. She awknowledged and told me she would let hime know. A month later, after this request, she emailed me and I told her that my ex needed to check his email. She replied back "FYI, [Ex] does not have a valid email."

These emails are very important evidence in my case and I know the account exist or did exist until very recently. Can somebody please tell me how I can Supeona the account and or any other method of perserving and proving the account exist. TIA

 

[Zigner]

Don't you have copies in your outbox/sent email folder?

 

[JeanInFloridia]

Don't you have copies in your outbox/sent email folder?

Yes I do...but my concern is that he will say he did not get them.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Fl

Hi...this is a contempt of court and custody modification case.

My Ex and I have exchanged emails using the same account ID's for the last 7 years. His account is associated with his current Facebook and Myspace page. In the last 1 1/2 years, my ex's girlfriend has been included in the email exchange, however all emails by both his girlfriend and I were also sent to my ex. Since I filed motions in court, is girlfriend as gotten retalitory and nasty in email exchanges so I informed her that all emails would be sent to my ex and that he needs to email me directly. She awknowledged and told me she would let hime know. A month later, after this request, she emailed me and I told her that my ex needed to check his email. She replied back "FYI, [Ex] does not have a valid email."

These emails are very important evidence in my case and I know the account exist or did exist until very recently. Can somebody please tell me how I can Supeona the account and or any other method of perserving and proving the account exist. TIA

**A: so you are asking how to obtain records from facebook and myspace? Good luck. Do you have a lot of $$$$ to pay for attorney fees and court costs?

 

[Zigner]

Yes I do...but my concern is that he will say he did not get them.

Since the "other woman" has access to his email accounts, what makes you think that he won't say that anyway?

 

[JeanInFloridia]

**A: so you are asking how to obtain records from facebook and myspace? Good luck. Do you have a lot of $$$$ to pay for attorney fees and court costs?

Not exactly, has I have no idea what that entails. I have collected as much metadata on those accounts and indentifying information as I could.

The emails are important and the statement regarding that my EX does not have a valid email, when that is not the case, is important to show a bad faith effort to not communicate. There are very important issues regarding our children. He is also court ordered to communicate by email since 2011.

 

[tranquility]

Yes I do...but my concern is that he will say he did not get them.

So? For "communication" to happen, there must be a give and take. Did he ever respond to your e-mails? If he didn't contextually respond to the information of the e-mail, even if he received them, you could not prove he saw or otherwise perceived them.

I suspect they are not as important to your case as you think they are. If all your purported communications were going through a third person, you are going to have a problem proving anything with the e-mails. Make a demand for production of him, if he denies he has an e-mail account, try to prove he has one or just move for contempt for violation of the court order.

 

[JeanInFloridia]

**A: so you are asking how to obtain records from facebook and myspace? Good luck. Do you have a lot of $$$$ to pay for attorney fees and court costs?

On a side note, from my original question, there is "smoking gun" evidence on 3 different social media accounts that I want to present in court. Do you have a description of the steps and possible cost to subpoena Facebook and Twitter. I am handling this pro se. I may be able to afford an attorney by the time this goes to trial. I qualified for civil indigence (sp) and believe I should have the ability to seek justice as much as anyone else.

 

[tranquility]

On a side note, from my original question, there is "smoking gun" evidence on 3 different social media accounts that I want to present in court. Do you have a description of the steps and possible cost to subpoena Facebook and Twitter. I am handling this pro se. I may be able to afford an attorney by the time this goes to trial. I qualified for civil indigence (sp) and believe I should have the ability to seek justice as much as anyone else.

First, see:
http://www.themoralesfirm.com/app/download/6489889304/Social+Media+Evidence.pdf

Then:
http://media.straffordpub.com/products/social-media-internet-and-email-admissibility-of-electronic-evidence-at-trial-2012-08-29/presentation.pdf

While they deal with federal law, the theory will be the same. You just need to know Florida law, there are some Florida cites in the first slides.

A more detailed outline is at:
http://www.fd.org/pdf_lib/WS2012_05/Social_Networks_and_Privacy.pdf

Finally, once you "get" the problems, see:
http://www.familylawfla.org/newsletter/pdfs/Fam-2013-Winter-web.pdf
for specifics [Off the Wall Authentication: Social Media “Friends” the Evidence Code], although the whole .pdf will be useful.

 

[JeanInFloridia]

Thank you...those are really the best presentations on e-discovery that I have seen yet. I purchased a courtroom evidence handbook and it's been really helpful...but the links you gave, helped with a lot of unanswered questions.