Evidence Act cap 6 Laws of Uganda for the admissibility of documentary
evidence. Therefore even without a statute the principles developed in
America can be of persuasive value as far as the analogy with the traditional
grounds are concerned.
According to Jie ZHENG in an article “Email Evidence Preservation, How to
Balance the Obligation and the High Cost: Lex Electronica, Vol 14 n 2:
“To be admitted as evidence, an electronic message must first be
authenticated or identified. Authentication is the process by which the
authenticity, or genuineness, of the document is established. Whether
the document is what it purports to be is a matter of conditional
relevance i.e. the document is relevant only if the document is what it
purports to be.
E-mails are composed of a “header” and “body”. While the body of the
email contains the individual text composed by the sender, the header
listing the sender’s name and address, the recipient’s user name and
address, the transmission date and time and the subject matter of the
mailing. If email is produced by a party from the party’s files and on its
face purports to have been sent by that party, these circumstances
alone may suffice to establish authenticity. Authentication should be
made through a knowledgeable witness who can identify the authorship
as well as the documents appearance, contents, substance, internal
patterns, or other distinctive characteristics. Given that most emails
contained certain identifying markers, such as the address from which
they were sent, the name of the sender, or the company name, that
information, coupled with their production during discovery, should be
enough to satisfy the authentication requirements.
However, new technology requires new rules of authentication of
emails, which lead to the uncertainties of authenticity for an email
evidence on a case by case basis...”
2. Admissibility of email evidence
At page 7
“...Electronic evidence, as a type of “documentary evidence” must
satisfy the same rules as are required for traditional documentary
evidence to be admitted into evidence. It is subject to civil discovery in
the same manner as paper documents.
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