privacy rules-of-evidence personal-information law-in-fiction malpractice
Is it allowed to non-consensually submit someone&#39;s diary as evidence?
<p>In episode 12, season 4 of <em>The Office</em>, called &quot;The Deposition&quot;, the diary of a witness (Michael Scott) is used as evidence, without the witness's consent. The diary was taken by the suer, Jan Levinson, who was Soctt's girlfriend at the time. This happened during a deposition. I can't remember whether the attorneys there were aware of Scott's lack of consent.</p>
<p>So, here are my questions:</p>
<ol>
<li><p>Is a personal text (like a diary), submitted without the consent of the author, admissible evidence?</p>
</li>
<li><p>If such evidence has been submitted and reviewed, and it later comes out the text was submitted without the consent of the author, what happens to the evidence and the case? If the answer to 1. is &quot;no&quot;, is the evidence thrown out on the grounds of inadmissibility, or is the case ended on the grounds of malpractice or something? Perhaps it depends on who took the diary? If the lawyer did it, maybe that's cause of ending the case, whereas if another person did it, and simply handed it to the lawyer, it's not?</p>
</li>
</ol>
<p>The case in question is about Levinson suing her former employer (Dunder Mifflin Paper Company, Inc.) for wrongful termination, where her claim is that she was fired due to her breast augmentation surgery. The diary is being used for her case, and Scott is her witness.</p>

<p><a href="/questions/tagged/united-states" class="post-tag" title="show questions tagged &#39;united-states&#39;" rel="tag">united-states</a></p>
<blockquote>
<p>Is a personal text (like a diary), submitted without the consent of
the author, admissible evidence?</p>
</blockquote>
<p>Usually, it is admissible evidence. There is no legal right to keep your diary private.</p>
<p>Production of a diary may be compelled by subpoena and admitted into evidence subject only to general considerations regarding whether particular entries in the diary are inadmissible for some other reason (e.g. lack of relevance, they recite the contents of an otherwise privileged discussion, they contain hearsay, they recite the terms of a settlement offer, the recite inadmissible prior act evidence, etc.).</p>
<p>If the diary revealed information that could place the diarist at risk of criminal prosecution, the 5th Amendment privilege against self-incrimination could arguably be claimed even in a civil case, but at the risk of an adverse inference to be drawn from that decision in civil matters. I haven't ever seen how that issue is resolved legally.</p>

<h2>If you are in possession of evidence, you can be required to produce it</h2>
<p>If you are a party to the case (plaintiff or defendant) this is through the discovery process. If you are not a party, then your evidence can be subpoenaed by either party or the court itself.</p>
<p>“Private” does not make something “not evidence”.</p>
