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
Date Written: February 13, 2009
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: Suggested Citation