Diaries are Not Usually Confidential

 

As a general matter, your diary will not be considered “confidential,” which means that it won’t automatically be regarded as “off limits” and inadmissible as evidence in court. In some cases, a personal diary may contain relevant evidence with respect to pending issues in court, and consequently it may be discoverable. If it’s discoverable, the contents of your diary could indeed be used to substantiate a certain position. In some situations, your diary may not be considered much more than “hearsay,” and therefore may be practically useless from an evidentiary viewpoint. However, there may be other cases – such as those which involve domestic violence or other abuse – in which the information contained within a diary can be highly useful for proving a particular point.  This means your ex and their attorneys may be entitled to read your diary or journal.  In fact, this happens quite frequently in family law cases.