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Preparing Registered E-mail® Receipts as Evidence

 

 

Registered E-mail® messages hold far greater evidential weight than traditional mail, courier, fax, or e-mail, and therefore, should provide the sender with protection that will stand up to scrutiny in a dispute resolution situation.  Registered E-mail® would provide the sender the upper hand in any legal discovery disputes.

From the perspective of a mediator, arbitrator, or judicial officer, one looks first at the evidentiary value of what is submitted in gauging its trustworthiness.  Evidential weight is about reducing uncertainty surrounding the evidence.  The party with the greater evidential weight will win in most cases, or at least mitigate its liability.

Just when you need your e-mail record to stand up to scrutiny, your opposition could simply claim that: “they did not receive your e-mail”-- (the critical e-mail you represented as sent and received) or “that is not what your e-mail said” when they received it.  Or worse, someone could deliberately manipulate your e-mail, print it out, and represent it as the truth.  With standard e-mail records and archives, you are exposed to such challenges without the necessary defense.

By contrast, Registered E-mail® is a simple to use service designed to protect the sender in those instances where the sending, content or time of an e-mail are disputed, in addition to enhancing efficiency and cost-savings.

In the event of a dispute regarding an e-mail that was sent out as a Registered E-mail® message, the following steps can be taken to prove that your message was sent, delivered and to prove the content of the e-mail you sent.

 

1. Search for relevant Registered Receipt e-mail.

    -- Check your "(R)eceipts" folder or archive.

    -- Use your search feature if necessary.

    -- Tip: you can set most search functions to search for TEXT in the message. This would search the TO/CC/BCC e-mail

       addresses, the subject field, the recipient or sender domains or addresses, the date of sending or receipt.  It will not

       search for keywords in the original e-mail body or attachments.

 

2. Open the relevant Registered Receipt e-mail in your e-mail program.

 

3. View the "Delivery Status" section to see the status of the recipient's e-mail address with the dispute.

 

4. Forward the Registered Receipt e-mail in electronic form (with all attachments) by e-mail to the address provided on the receipt.  Forward to: verify@rpost.net.  Note: The address ends in ".net" not ".com".

 

5. You receive the Authentication Receipt e-mail (within a few minutes in most cases).  Confirm the receipt you submitted was valid, view the validated delivery status, and open the e-mail attachment named by the subject of the original message you sent out.  This is the original message in dispute.  Confirm the contents are that of which you are contesting.

 

6. Once satisfied with the contents of the Authentication Receipt e-mail, forward a copy of the Registered Receipt e-mail in electronic form by e-mail to the person or party who is questioning its authenticity or who wants to view the verified original content and attachments.  Have them forward the Registered Receipt e-mail in electronic form (with all attachments) by sending the Registered Receipt e-mail to the address on the receipt.  Forward to: verify@rpost.net.

 

7. If the party continues to dispute the delivery or content of your e-mail:

(a) With the Registered Receipt e-mail open, click "FILE" then select "SAVE AS", and change "Save as type" to "Message Format".  Then select "SAVE" and save the Registered Receipt file on a disk, USB storage, or CD. 

(b) The Registered Receipt file can be opened in any standard e-mail program and once opened, instructions to verify the authenticity and re-construct the content can be viewed by any questioning party.

(c) Contact RPost.  We stand ready to serve as expert witnesses in any litigation you or your company encounters regarding the RPost Registered E-mail® system.

   
 

For assistance in any part of these instructions or information on Registered E-mail® and the law, please e-mail RPost at support@rpost.com RPost offers to provide expert testimony or expert opinions on any part of this process, in the form of white papers that RPost can supply upon request by RPost customers.  Upon request by RPost customers, RPost can refer independent attorneys and consultants who can be contracted to testify as independent experts on the validity of the Registered E-mail processes and underlying technology.

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