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Evidence can be anything. Any item, testimony, fact, idea, or information can be offered as evidence so long as it makes the existence of a fact more or less probable [...]

Along, long time ago, in the summer 2019 issue of The Judges' Journal, I penned a technology article entitled "Deepfakes: More Frightening than Photoshop on Steroids." (1) In that article, [...]

Xavier Ingram was 20 years old when his neck was broken during an arrest by Camden County, N.J., police officers. Ingram claimed that the officers forcefully kneed him in the [...]

I. The Medical Record A. Reasons for Maintaining a Patient's Chart B. Electronic Medical Records II. Obtaining Medical Records--HIPAA III. The Chart's Organization A. Electronic Medical Records B. Types of [...]

EVERY second an estimated 2.4 million emails are sent. The number of email users worldwide is 3.7 billion, and the amount of emails sent per day is around 269 billion. [...]

WITH the ever-changing world of technology and its permeation in nearly every aspect of life, the volume of electronic documents and data created on a daily basis is immense. In [...]

Editor's Note: This is Part III of a three-part article. In Part I of this article, which appeared in the October 2015 issue, the author discussed the rules of evidence [...]

Editor's Note: This is Part II of a three-part article. In Part I of this article, appearing in the October 2015 issue, the author discussed the rules of evidence authentication [...]

The pervasive use of computers, mobile phones, and the Internet has changed fundamentally how people create, store, and communicate information. (1) Digital technology is rapidly improving and is being adopted [...]

In the past 12 years, the legal community has generated hundreds of articles and judicial decisions regarding the discovery of electronically stored information (ESI). Only recently, there has been an [...]

B. RECEPTION OF THE COMMON LAW OF SEARCH AND SEIZURE Although the reception of English law in the newly independent American states was not automatic or uniform, a basic pattern [...]

TABLE OF CONTENTS I. THE TECHNOLOGICAL CRISIS IN MODERN DOCTRINE A. Searches for Digital Evidence Pursuant to Warrant or the Vehicle Exception to the Warrant Requirement B. Searches of Digital [...]

The majority of information used in the operation of modern businesses is created and stored electronically, and much of this information is never printed on paper. (1) Electronically stored information [...]

On December 1, 2006, several amendments to the Federal Rules of Civil Procedure related to electronic discovery went into effect. As expected, the reported cases applying and interpreting these rules [...]

ABSTRACT: The inadvertent production of privileged documents promises to become more frequent as discovery becomes more complex. The amended Federal Rules of Civil Procedure and proposed Federal Rule of Evidence [...]

The Federal Rules of Civil Procedure have been amended to address issues arising from "electronic discovery" or "eDiscovery." So is this really going to change the way anyone approaches discovery? [...]

As has been noted, courts are trying to discourage jurors from using the Internet during trials. The concern here is that jurors will use these resources to conduct their own [...]