In filing a motion, I want to submit an affidavit asserting an exhibit is "a true and correct copy of e-mail" etc. when in fact I jotted dow...

Question

In filing a motion, I want to submit an affidavit asserting an exhibit is "a true and correct copy of e-mail" etc. when in fact I jotted down some handwritten note on the original. Does that create a problem or if my adversary does not object to the veracity, it will be admitted to evidence?

Answer

This question is difficult to answer based on the information provided. If the exhibit accurately reflects the content of the e-mail then there is no problem. Your "handwritten note on the original" is not part of the e-mail and, therefore, there is no requirement that you disclose it. However, never underestimate your adversary and consider that he/she may challenge everything about the e-mail, including completeness, authenticity, authorship, etc.