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The Use of Emails as Evidence in the Spanish Judicial Processes

The emails are not considered in Spanish Judicial Processes strictly as documentary evidence. As stated in the Judgment of the Provincial Court of Madrid, of March 13, 2017, the provision of a printed email, that is, on paper, will not be considered a private document, since it does not offer any guarantee of proof. Another thing is that the party to whom it harms does not challenge it or that it is recognized by testimony or by one of the parties. For the full validity of the contested email or not recognized by one of the parties, another type of test would have to be used, such as a computer expert attestation or that the email was endorsed by an email certification service.

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