Electronic Discovery

Admitting Electronic Evidence: The Most Commonly Used Exceptions to the Hearsay Rule

eblawg — Wed, 17 Dec 2008 04:47:03 +0000

Lorraine v. Markel American Insurance also contains an extensive discussion of the most common hearsay rule exceptions that have been applied to ESI. FRE Rule 803 addresses recordings, reputation, perceptions, observations, state of mind, intent and sensation. As such, Rule 803 [...]

Admitting Electronic Evidence: Authentication of Website Postings

eblawg — Tue, 16 Dec 2008 13:44:08 +0000

Lorraine v. Markel American Insurance explored the authentication of website postings extensively: One commentator has observed “[i]n applying [the authentication standard] to website evidence, there are three questions that must be answered explicitly or implicitly. (1) What was actually on the website? (2) Does the exhibit or testimony accurately reflect it? (3) If so, is it [...]

Admitting Electronic Evidence: Authentication of Computer Simulations and Computer Animations at Trial

eblawg — Mon, 15 Dec 2008 12:00:05 +0000

Computer animation and simulation technology have become an important litigation tool, allowing counsel to visually demonstrate pertinent events to a jury. Computer animation refers to the use of computer generated evidence to illustrate and explicate a witness’s testimony. Computer simulation refers to the use of data entry and scientific principles for the analysis [...]

Admitting Electronic Evidence: Authentication of Instant Messages and Chatroom Logs

eblawg — Sun, 14 Dec 2008 02:13:51 +0000

The issue of the admissibility of online chat logs often arises in the context of criminal cases involving online child enticement investigations. Like any other document, chat logs may be challenged on a variety of grounds such as hearsay, authenticity, and the best evidence rule, to name a few. The methods in which [...]