Can Social Media and Emails Be Used in Probate Litigation?

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With the continuing advancements in technology and the important role it plays in our daily lives, the law has also grown to utilize these methods of communication as strong pieces of evidence. In this video, attorney Charles Triay explains how California law permits lawyers to subpoena, or issue a written order to obtain, emails and other electronic documents to support probate law cases. If you are involved in probate litigation and need experienced legal counsel on your side, speak with the Triay Law Office to see how our firm may be of assistance.

Video Transcription

One of the interesting things that’s come up recently is social media and email. People don’t write letters as much as they used to, and they don’t even use the telephone as much as they used to. They communicate by email. California has passed what’s called, for short, the E-discovery Act, recently, which allows us to subpoena email history and find out what people have been saying to each other in writing about the case.

We subpoena the emails to find out what people were saying at the time, what they were saying about how confused Mom was or how manipulative Brother has been. People don’t think about that when they’re sending those emails, but they’re preserved, and we can often get them and they often become very important in the case.