Can Company E-Mail Avoid Becoming Evidence Mail? - swdsi 2025

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If you take any official action related to a message, and if the message is needed for adequate and complete documentation of the action, the message would be a record in your office, regardless of whether copies are retained elsewhere.
The takeaway from Deepwater Horizon is that emails written in a business setting are not automatically admissible business records under Federal Rule of Evidence 803(6).
An e-mail message is a record if it documents theDOI mission or provides evidence of anDOI business transaction and if you or anyone else would need to retrieve the message to find out what had been done or to use it in other official actions.
Emails sent or received through a company email account are generally not considered private. Employers are free to monitor these communications, as long as theres a valid business purpose for doing so.
E-mails related to the work of the office produce records. Many E-mails are considered transient. Transient e-mail has a short retention period: maintain until no longer of administrative value.
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