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

National Clearinghouse for Science Technology and the Law, January 2009

2 Pages Posted: 14 Feb 2009  

Jules Epstein

Widener University - Widener University School of Law

Date Written: February 13, 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.

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

JEL Classification: K40

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: https://ssrn.com/abstract=1342670

Jules Epstein (Contact Author)

Widener University - Widener University School of Law ( email )

4601 Concord Pike
P.O. Box 7286
Wilmington, DE 19803-0474
United States

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