This was article written by Attorney Daniel E. Cummins of the Northeastern Pennsylvania insurance defense law firm of Foley, Comerford & Cummins. The artilce is entitled "U Need 2 Authentic8 TMs @ Trial" and appeared in the September/October 2012 edition of the The Pennsylvania Lawyer Magazine.
The article analyzes the criminal court decision of Commonwealth v. Koch in which the Pennsylvania Superior Court treated text messages as "writings" subject to the same requirements for authentication of any other type of writing under Pa.R.E. 901. Obviously, this issue, which is now headed to the Pennsylvania Supreme Court via this case, could have an impact on the admissibility of such evidence in civil litigation matters.
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