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Can email/text records be subject to subpoena in a divorce?

Posted in Divorce, Location, Montreal, Quebec by Questions on September 24, 2015

Anonymous Asked:

Can email/text records be subject to subpoena in a divorce case (to prove adultery)and if so, will it incriminate third party people?

1 Expert Comment

  1. On September 24, 2015 at 10:05 am
    Andrew Heft said:

    E-mails and SMS text messages can both be used in court as valid documents as long as they have not been tampered with. They can also be requested by subpoena.

    In order to incriminate a third party, adultery would have to be a criminal offense, which it is not. A third party could be asked to testify at trial, thereby involving him or her in the divorce process.

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