Course description
Admissibility of Email and Internet Evidence
Make sure your evidence doesn’t get thrown out – learn how to successfully authenticate and admit email and internet evidence at trial. As the world becomes increasingly digitalized, practitioners will continue to encounter issues with the authentication and admissibility of email and Internet evidence. This is particularly true with regard to Internet evidence, which includes anything from social media posts, newspaper articles, YouTube® videos, search engine results or Internet archives. Prepared lawyers can get that evidence admitted if they have thought about potential problems with the authenticity and admissibility in advance. While the courts’ skepticism of this type of evidence is somewhat lessened, the reliability of email and Internet evidence is still subject to the same scrutiny under the Federal Rules of Evidence as anything else. This topic will increase practitioners’ understanding of the potential problems with email and Internet evidence, and explain how to authenticate and admit this evidence. The information that will be shared will be essential to building practitioners’ toolboxes to wield email and Internet evidence to best advance their clients’ cases.
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Training content
- Email and Internet Evidence -- Introduction
- Initial Skepticism of Now-Commonly Accepted Forms of Evidence
- Increasing Importance of Email and Internet Evidence
- Temporal Nature of Website Pages
- Potentially Unreliability Sources of Such EvidenceAuthentication -- Federal Rule of Evidence 901(a)
- Establishing Foundation
- Proper Party to Authenticate
- Establishing Authorship
- Email -- Marks of Origin Under Federal Rule of Evidence 902(7)Admissibility -- Federal Rule of Evidence 802
- Hearsay, Hearsay Within Hearsay
- Business Records
- Admissions of Party Opponent
- Excited Utterances or State of Mind
- Other Non-Hearsay Uses (e.g. Notice, State of Mind)Special Issues With Internet Evidence
- Federal Rule of Evidence 902 -- Self-Authenticating Evidence
- Search Engine Results
- Social Media Posts or Chat Room Evidence
- Internet Archives (e.g. Wayback Machine)
- Business or Corporate Websites
- Online Videos or Photographs
- Judicial NoticeMiscellaneous
- Stipulations Between Parties Regarding Authenticity
- Best Evidence Rule
- Text Messages
Costs
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Lorman Education Services - Live and On-Demand Courses
Lorman Education Services is a leading provider of online professional development and corporate training for organizations and individual professionals. For more than 30 years, Lorman has delivered relevant, high-quality, professional-level courses that cover a broad range of business and technical...