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Social Media Collections for Legal Professionals: Best Practices

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Understanding the Canada Evidence Act for Social Media and Websites

Last Updated April 2024

Canada, like many jurisdictions, has specific regulations governing the admissibility of ESI, commonly referred to as the "Best Evidence Rule." The Canada Evidence Act (CEA) sets forth guidelines that are critical for legal professionals when handling electronically stored evidence (ESE) from social media platforms and websites. This blog post delves into these guidelines and shares best practices for navigating the evidentiary landscape of digital content in Canada.

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Expert Witness Amendment to Federal Evidence Rule 702: What it means

Last Updated March 2024

Recent changes to Federal Rule of Evidence (FRE) 702 are pivotal in determining the admissibility of expert testimony in federal courts. These amendments, which were approved by the U.S. Supreme Court and took effect on December 1, 2023, aim to clarify and refine the criteria for expert witness qualifications and their testimony's admissibility.

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The Importance of Metadata and Affidavits for Admissible Digital Evidence

Last Updated March 2024

For digital content—such as websites, social media profiles, and YouTube videos—to be admitted as evidence at the summary judgment or trial stage, the process of collecting the evidence must be well documented. This involves recording and reporting all pertinent information, known as metadata, including the exact date and time of capture and the browser used.

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Admissibility Risks of Submitting Simple Screenshots as Evidence

Last Updated March 2024

When digital content—such as websites and social media sites—might be introduced as evidence in a case, legal counsel must ensure that the evidence is properly collected and authenticated under the relevant rules of evidence. Taking simple screenshots without authentication can result in the evidence being ruled inadmissible, putting the entire case at risk.

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Why it's important to preserve the chain of custody for digital evidence

Last Updated March 2024

Chain of custody is the record of preservation of evidence from collection to presentation in court. The goal of properly maintaining and documenting chain of custody is to show that the evidence presented to the court is the same as what was originally collected, and that the evidence was preserved without tampering or alteration. Web content is easily changed or deleted, and web evidence is difficult to subpoena. When evidence appears on the web, an accurate record of that evidence at that point in time should be made.

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Guide,

Web Content Collection Rules for Legal Uses

Last Updated March 2024

Although the rise of social media networks and new computer advancements are revolutionizing the way web content information such as webpages, images or videos, is stored and collected, lawyers have been slow to adapt.

The rules and trends described in this guide will not only help attorneys, their firms, and their clients, stay ahead of the curve while not putting their law licenses at risk.

Highlights include:

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