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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Last Updated April 2024
Applying the rules of evidence to contemporary digital records can present a variety of complications. Admitting some types of evidence, such as government websites, can be straightforward. However, ensuring websites can be admitted can be difficult in many jurisdictions. Further, individual judges may sometimes take idiosyncratic approaches to the admissibility of websites and other forms of digital evidence, especially when they do not personally understand the technology involved. Simplifying the process for establishing the authenticity of websites can be helpful in ensuring that website evidence vital to a case is deemed admissible in court.
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Last Updated April 2024
Though it may seem contradictory, information on the web is both fleeting and permanent, unchangeable yet frequently and easily altered. The internet is filled with countless dormant websites and web pages that have not welcomed any traffic or modifications for years. Active pages may change from day to day with text and images tweaked, added, removed, or revised due to changing marketing priorities and search engine optimization – or for more nefarious reasons. However, the historical yet no longer active online content lives on.
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Last Updated March 2024
In today’s fast-paced digital world, where information is easily accessible with a few taps or clicks, it is important to confirm the reliability of the evidence. Unfortunately, digital evidence is especially susceptible to some types of manipulation, so it is important to ensure its validity using appropriate methods. In the practice of law, choosing the right authentication methods can impact the reliability and credibility of evidence presented in court, whether digital or tangible in nature.
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Last Updated March 2024
As legal teams address the myriad aspects of a case, it can be easy to overlook the importance of securely capturing and preserving digital content, such as websites, social media sites, and online videos. After all, the evidence is publicly available, and even if it gets removed, there are tools such as the Internet Archive (also known as the Wayback Machine) that can demonstrate what a site looked like in the past – right?
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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