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Screenshot of correspondence and other methods of electronic copying – relevant methods of proof

23/ 11/ 2021
  Author: Maria Petrenko, lawyer of Dynasty Law & Investment Technological progress is constantly dictating fashion and driving evolution in society. Well, jurisprudence also does not stand still, especially when progress is constantly invading almost all spheres of public relations. Yes, the topic of proving ones interests in court with the help of electronic evidence, which includes a screenshot, copies of correspondence in messengers, e-mail and other products of the web space, is relevant today. Lets try to answer the question of whether it is possible to use the above to protect their interests in court. The case law of the Supreme Court in this regard corresponds to YES, it is possible! However, it is important to know how: first, such evidence must be provided in a duly certified paper copy, and in case of doubt by the opposing party or the court, the original of such evidence must be provided, ie the telephone, computer, device from which such a copy was made. secondly, the electronic proof in the form of a screenshot, a copy, will be examined not as an independent proof, but only in combination with other relevant and admissible evidence. By example in case №753 / 10840/19, the Supreme Court admitted as evidence of domestic violence a screenshot of the correspondence of the ex-wife and husband, in which the latter threatened her and the child, wrote obscene insults and other indecencies. After examining the evidence provided, the court acknowledged the violence and issued a restraining order prohibiting the former spouse from communicating by telephone. Another interesting example was Case 922/51/20, in which the Supreme Court finally ruled that the submission of electronic evidence in hard copy did not render such evidence inadmissible. The court may not take into account a copy (paper copy) of the electronic evidence, if the original electronic evidence is not submitted, and the party or the court questions the compliance of the submitted copy (paper copy) of the original. In conclusion, it should be noted that in the field of protection of the interests of a person in court, sometimes all the methods work, however, without quality legal assistance, we can not guarantee this.

Author: Maria Petrenko, lawyer of Dynasty Law & Investment

Technological progress is constantly dictating fashion and driving evolution in society. Well, jurisprudence also does not stand still, especially when progress is constantly invading almost all spheres of public relations.

Yes, the topic of proving one’s interests in court with the help of electronic evidence, which includes a screenshot, copies of correspondence in messengers, e-mail and other products of the web space, is relevant today.

Let’s try to answer the question of whether it is possible to use the above to protect their interests in court.

The case law of the Supreme Court in this regard corresponds to YES, it is possible! However, it is important to know how:

  • first, such evidence must be provided in a duly certified paper copy, and in case of doubt by the opposing party or the court, the original of such evidence must be provided, ie the telephone, computer, device from which such a copy was made.
  • secondly, the electronic proof in the form of a screenshot, a copy, will be examined not as an independent proof, but only in combination with other relevant and admissible evidence.

By example in case №753 / 10840/19, the Supreme Court admitted as evidence of domestic violence a screenshot of the correspondence of the ex-wife and husband, in which the latter threatened her and the child, wrote obscene insults and other indecencies. After examining the evidence provided, the court acknowledged the violence and issued a restraining order prohibiting the former spouse from communicating by telephone.

Another interesting example was Case 922/51/20, in which the Supreme Court finally ruled that the submission of electronic evidence in hard copy did not render such evidence inadmissible. The court may not take into account a copy (paper copy) of the electronic evidence, if the original electronic evidence is not submitted, and the party or the court questions the compliance of the submitted copy (paper copy) of the original.

In conclusion, it should be noted that in the field of protection of the interests of a person in court, sometimes all the methods work, however, without quality legal assistance, we can not guarantee this.

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