Presumption as to electronic messages
AI Assist
Summary
When an originator forwards an electronic message through an email server to the addressee it purports to be for, the court may presume the message received matches what was put into the originator's computer for transmission. The court cannot, however, presume who actually sent that message.
Example
Priya forwards an email with a scanned agreement to Rohan through her mail server. If the message is produced in court, the judge can presume the text and attachment match what Priya fed into her computer, but the judge cannot automatically presume Priya was the person who sent it.
Bare Act
Enacted textThe Court may presume that an electronic message, forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission; but the Court shall not make any presumption as to the person by whom such message was sent.
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