Social Media, Internet and Email Evidence at Trial: Admissibility of Electronic Evidence

The use of internet content, social networking websites, and email communication has altered how practitioners investigate and try cases. While the sources of obtaining electronic evidence during discovery are plentiful, the challenge remains getting the evidence admitted at trial.

There is a growing body of law addressing authentication of electronic evidence obtained from the internet and social media sites, but court rulings are inconsistent and thus unpredictable. Litigators face other evidentiary hurdles, including reliability and the hearsay nature of this evidence.

Additionally, privacy concerns pose some limitations on using information from social networking sites. Practitioners and their clients must also understand the ethical considerations of using such information in litigation and in participating in social networking sites themselves.

Listen as our panel of expert litigators discusses the legal, practical and ethical implications of using electronic evidence obtained from social media networks, the internet and email at trial.

1. Authentication
2. Relevance and undue prejudice
3. Hearsay
4. Ethical considerations

The panel will review these and other key issues:

• What issues have proven most difficult for courts considering the authentication of social media evidence?
• What are best practices for overcoming hearsay concerns for internet and email communication?
• How have courts viewed the expectation of privacy on a networking site that is secured by some form of privacy protection?