In episode 12, season 4 of The Office, called "The Deposition", 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.
So, here are my questions:
Is a personal text (like a diary), submitted without the consent of the author, admissible evidence?
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 "no", 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?
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.