How to Prove the Authenticity of Email Communication

[Coronasteve]

I sent a customer an email with some documents attached. She received the email and documents with no problems. In the text of my email to her I wrote that I would call her later to discuss.

I have the email I sent her still in my "sent" folder. She has the email I sent her. I did call her that night and we talked on the phone. I told her that I had quit my job earlier that day and would be unable to finish the transaction. She remembers all of this.

The only thing I need to prove is A: That she got the email and it is authentic. B: That we did talk on the phone that night and I told her I had quit the job earlier that day.

Can this be done through the use of an affidavit?

She would state that the printed copy of the email she received is accurate for the contents, date & time, and from me.

She would state that I called her that night and that I did tell her that I had quit the job that day and would be unable to finish the transaction.

If I asked, she would state all of this at a hearing, but for something this simple won't a properly executed affidavit work?

[Mr. Knowitall]

"Can this be done through the use of an affidavit" for what purpose? If you're trying to prove the validity of the email in court, expect that the court will require live testimony.

[QuiTamMan]

You need a subpoena to obtain the customer's incoming email that may or may not have been deleted. If it was "soft-deleted", it still exists...the message is intact, it just has been "marked" as deleted. If it was "hard-deleted", you are SOL(* outta luck). Why is that ? You can thank lawyers who fought hard for Title 18 of the Electronics Communication Privacy Act. That horrible piece of legislation actually discourages ISP (internet service providers) from retaining all email messages on their servers. If they choose to do so, they could be sued according to provisions in this act. SO MOST DON'T BACKUP THE MESSAGES.
Technically, all ISPs could back-up ALL of their email messages on a daily basis. Therefore, even if the customer had deleted it ON THEIR HARD DRIVE, it would available for discovery on the ISP's SERVER'S DRIVE.
Love this system of justice in the USA !!