Key Steps for Collecting and Authenticating Electronic Communications Evidence
Texting and social media are among the top methods of personal communication today and can be a treasure trove of evidence in family law. The way this information is obtained and used in divorce cases is constantly evolving. This insightful course will give you the know-how to properly retrieve and authenticate the relevant evidence. Make sure your skills measure up - order today!
- Find out how to request and retrieve texts from Androids vs. iPhones.
- Learn how to properly handle messenger apps data.
- Explore the most effective ways of organizing and submitting screen shots.
- Get guidance on establishing chain of custody when authenticating and admitting exhibits.
- Review the latest case law regarding interpreting memes, emoji, textspeak and more.
- Prevent mistakes in introducing text and social media evidence.
1:00 pm to 2:30 pm Eastern
Presenter: JoAnne Biernacki
- Rules Governing the Use of Texts and Messaging Evidence in Divorce: Relevance, Hearsay, etc.
- Relevant Evidence Rules Update
- Trail v. Lesko and its Progeny
- Stored Communications Act and Social Media Company Subpoenas
- How Clients Ruin Evidence by Improperly Obtaining Information of Private and Protected Communications
- Requesting and Retrieving Text Evidence: Android vs. iPhone
- Whose Smartphone/Tablet is Discoverable?
- Subpoenaing Mobile Phone Carriers for Records
- Recovering Deleted Messages
- Messenger Apps: What to Look for and How to Get it
- In What Form Should the Evidence be Submitted into Evidence? Organization and Transmittal of the Screen Shots
- Authenticating and Admitting Exhibits: Texts, Photos, Memes, Hyperlinks, Group Chats, etc.
- Establishing the Chain of Custody
- Self-Authentication, Admission of Authorship
- Using Witnesses to Authenticate the Evidence
- Case Law Interpreting Messaging Evidence: Memes, Emoji, Textspeak, and More
- Unintended Consequences of Introducing Messaging Evidence: What May Actually Harm - Not Help - Your Client
This course is designed for attorneys. Paralegals may also benefit from attending.