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If one party has legal access to the other party’s email account, the transmissions sent by the address owner will be evidence admissible in Court.
There are objections to emails received by the owner (hearsay and authentication), however they can be managed by subpoenas to the internet service providers for their records to demonstrate who owns the accounts from which the emails were sent.
It may be difficult to determine how a spouse knew certain information, but it may be hard to prove that it was obtained from such an application activated on your client’s phone.
Inform your client of the dangers of leaving their phone on the dinner or lunch table (or anywhere out in the open) when out of earshot of the other spouse, especially when divorce related or embarrassing matters are the subject of discussion. This writer does not claim to be knowledgeable about those new and perhaps useful ones.
By Judge Michele Lowrance and Family Lawyer, Pamela J.
Hutul According to the American Academy of Matrimonial Lawyers, more than 80 percent of divorce attorneys surveyed reported an exponential increase in the amount of evidence collected from social networking opportunities in the past five years.
So tell your clients: be careful where you leave your phone. Cell phones offer other avenues to obtain interesting discovery.
There are also opportunities for a) tracking a spouse by activating a GPS service on his/her cell phone and b) recording conversations wherever the phone is.
Although stalking is illegal in Illinois and the ramifications should be carefully examined before doing, your client’s can activate the tracker on his/her spouse’s cell phone if it is a family account, and can check to make sure his/her spouse has not done the same thing in turn.
Good management may be leaving your cell phone wherever there can be no embarrassing information revealed by its presence.
If your client has a new cell phone, he or she should beware: where is the old phone?
It could be their nightmare transformed into a bug in a car, purse, or briefcase providing a road map of activities and conversations.