First of all let me say that I'm not your lawyer and we don't have an attorney-client relationship. This is not legal advice, just my educated opinion and so forth.
That out of the way...a piece of paper that is essentially a memo is hardly evidence. Without the original "message" (which apparently doesn't exist) all she has is a piece of ill-formatted paper. No signature, no fingerprints, no tracing information. As is it's worthless as evidence of anything. She could just as well have scribbled the note in crayon on a piece of felt.
Unless you have a documented pattern of such messages or she has reliable witnesses or something I think any of our people would have little trouble disposing of that "evidence" -- and maybe even turning it back against her by raising the very real question of whether she is falsifying evidence.
Also, the advice of some of our other posters has been fine but I have a minor nit to pick with their spelling though. The word is "perjury" which means making false statements under oath or affirmation. Knowlingly submitting false evidence in a judicial proceeding (criminal or civil) would certainly seem to fall under the definition. Your lawyer may want to point that out to her lawyer.
Best of luck and aloha,
-Ben-
Ben M. Schorr, MVP-Outlook, CNA, MCPx3
Director of Information Services
Damon Key Leong Kupchak Hastert
http://www.hawaiilawyer.com
> -----Original Message-----
> From: Benjamin Zachary [mailto:[EMAIL PROTECTED]]
> Sent: Wednesday, September 05, 2001 6:05 AM
> To: NT System Admin Issues
> Subject: OT: Legal Email Issues - Dont shoot me :) -
>
>
>
> This is kind of a personal issue, but maybe someone could
> help me out as it relates to legalaties for email. My x-wife
> typed stuff up in word to look like an email and put threats
> and various obscenties in it. There is no header info just
> says subject,to,from and the offending text it could simply
> be typed in word (and was btw!:) ).
>
> Anyhow, I went online to mail.com, yahoo.com, hotmail.com,
> outlook, outlook express, and aol.com and printed up an email
> from each to show that this isnt what an email looks like. I
> also printed the header info from both outlook and outlook
> express to show server transactions. My lawyer is bringing in
> 'an email expert' to certify the email doesnt show anything.
> Any ideas.. would be grateful
>
> Although this is pertaining to my personal problem, it may be
> interesting to know what the law is viewing as a valid email
> vs. fraudlent email. I read up on some cases online but most
> dealt with spammers and not holding an email for an assault
> or contract negotation.
>
> Thx to any who have some ideas!
>
>
>
>
>
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