E-Discovery

Authenticating Social Media Evidence Is Harder Than Lawyers Think

Let’s play a game. You’re the judge. Under the following facts, is the social media evidence admissible?

After obtaining a Court Order allowing him to obtain a criminal defendant’s Facebook records, the prosecutor files a motion seeking permission to introduce into evidence the following items:

  1. Screenshots of the defendant’s Facebook account
  2. Various undated mobile and online “chat” messages
  3. A bloody hands photo posted by another individual

So, which items were admissible?

Learn more. “Authenticating Social Media Evidence Is Harder Than Lawyers Think”

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Philadelphia Bar Association Ethics Committee Concludes That Social Media Evidence Must Be Preserved and Produced

A lawyer has a duty to preserve relevant, or potentially relevant evidence posted on social media websites, according to an ethical guidance opinion issued by the Philadelphia Bar Association Professional Guidance Committee on July 7, 2014. The Opinion emphasized that a lawyer’s duty to preserve evidence does not change simply because the information is on a social networking website such as Facebook.… Learn more. “Philadelphia Bar Association Ethics Committee Concludes That Social Media Evidence Must Be Preserved and Produced”

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Welcome Back – Pa. Supreme Court Issues “ESI” Rules

Welcome back to the Pennsylvania Law Blog, which has been dormant for about a year. It’s not that nothing has happened, it’s just not as easy to maintain a blog as we all had hoped. But our relaunch was designed to occur this summer, and the Pennsylvania Supreme Court has certainly “helped” things along with their first foray into e-discovery and the role of the Pennsylvania Rules of Civil Procedure in dealing with electronically stored information.… Learn more. “Welcome Back – Pa. Supreme Court Issues “ESI” Rules”

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