Abstract

http://ssrn.com/abstract=1342670
 
 

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Electronically Stored Information: A Primer - A Litigator's Guide


Jules Epstein


Widener University - School of Law

February 13, 2009

National Clearinghouse for Science Technology and the Law, January 2009

Abstract:     
Electronically stored information (ESI), be it in the form of e-mails, webpage content, metadata, digital photographs, or other information usually found on computers, is now a commonplace in litigation and trials, and courts have traveled quickly from an attitude of resistance (based on a fear of the manipulability of web and computer content) to one of ready acceptance of such proof.

This brief article surveys threshold issues for use of such evidence in the categories of discovery, authentication, hearsay concerns, and the issue of "original writings" [known colloquially as the "best evidence" rule]. Citations to critical decisional law are also provided.

Number of Pages in PDF File: 2

Keywords: evidence, electronically stored information, email, digital, photographs, webpages, internet

JEL Classification: K40

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Date posted: February 14, 2009  

Suggested Citation

Epstein, Jules, Electronically Stored Information: A Primer - A Litigator's Guide (February 13, 2009). National Clearinghouse for Science Technology and the Law, January 2009. Available at SSRN: http://ssrn.com/abstract=1342670

Contact Information

Jules Epstein (Contact Author)
Widener University - School of Law ( email )
4601 Concord Pike
P.O. Box 7286
Wilmington, DE 19803-0474
United States
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