“The authenticity of the electronic document or email must be established by an affidavit of the person having direct personal knowledge of the facts or knowledge based on authentic records”
I raised continuing objections to the line of questioning of the lawyer. This was my first encounter with an email as evidence. The succeeding year, the coverage of the Rules on Electronic Evidence was expanded to include criminal cases . “When a document is in two or more copies executed at or about the same time with identical contents, or is a counterpart produced by the same impression as the original, or from the same matrix, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent techniques… accurately reproduces the original, such copies or duplicates shall be regarded as the equivalent of the original.
In the 2019 Amendments to the Rules on Evidence, the Supreme Court fine-tuned the Rules on Evidence to capture the definition of an “original” and “counterpart” under the Rules on Electronic Evidence: The email would normally have lines for the recipient, sender, the other recipients , the subject of the email, and the body of the email.
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