Admissibility of Digital Evidence (Self-Study)

Course Description

We live in a digital world. Almost every human interaction that may end up in a dispute that goes to court is likely to involve, to some degree, digital devices or media, whether smart phones, tablets, laptops, social media sites, websites, email, text messages, snap chats, instagrams or YouTube postings. With the digital explosion, lawyers and courts have to understand the evidentiary rules that drive whether this important evidence can be admitted. This program provides a comprehensive overview of the evidentiary issues that must be addressed when planning how to admit, or exclude, digital evidence.

Syllabus

1. Overview of the steps to admissibility
2. Preliminary Matters: The role of the court and the interplay between Rules 104(a) & (b)
3. Rule 502 and the waiver of privilege
4. Rule 401 and the definition of relevance
5. Rule 901-902 and –the essential need to authenticate
6. The hearsay rule and digital evidence
7. The original rule and digital evidence: the forgotten requirements
8. Prejudice vs. probative value

Instructor

Hon. Paul W. Grimm