The submission of digital evidence traditionally required a sponsoring witness—something that could be time-consuming and expensive. Thankfully, as more and more online content, such as social media posts and chats, play a...more
Be careful what you post on the Internet. Not everyone listens to this warning, and those who ignore it could see their posts, tweets, shares, and likes front and center — in court....more
As the world continues to evolve electronically, it oftentimes seems like the courts take longer to catch up. This past December lawmakers took another step into the digital age by amending Federal Rule of Evidence (“FRE”)...more
Digital evidence has effectively changed every aspect of the modern courtroom and litigation process. We constantly communicate electronically in our daily lives by texting, emailing, and using social media – and there’s an...more
Amendments to Federal Rule of Evidence 902 went into effect on December 1, 2017. FRE 902 governs evidence that is “self-authenticating,” meaning evidence that does not require any extrinsic evidence of authenticity in order...more
On December 1, 2017, the Federal Rules of Evidence were amended to add new rules addressing the self-authentication of evidence generated by electronic processes or systems [Fed. R. Evid. 902(13)] and self-authentication of...more
On December 1, 2017, two amendments to the Federal Rules of Evidence came into effect that impact how courts authenticate digital evidence. The addition of two categories to Rule 902’s list of self-authenticating documents...more
Earlier this year, I wrote about the then-proposed changes to the Federal Rules, and how those changes (if implemented), could impact electronic discovery. (February 15, 2017 blog) Well, the time has come — effective...more
You’ve got a case headed to trial in a few short months, and among your exhibits are a number of copies of web pages. You know you need to authenticate them to get them into evidence at trial (and also know your judge is...more