How to Authenticate a Social Media Post

493533923Despite its relationship to new technologies, electronic evidence, including social media evidence, is actually treated the same as traditional forms of evidence in terms of admissibility. You can’t get it in without proper authentication. Here’s how it’s done with social media posts.

 

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A Photo Is Still a Photo, Even on Social Media

ThinkstockPhotos-503803495A recent case made headlines simply because it involved Instagram. Don’t be fooled by the hype—new technologies don’t always require new law. A photo is a photo regardless of where it appears, and its admissibility is based on the same law whether it’s a photo taken on a camera or one posted on the hottest new social media website. Continue reading

From Website into Evidence

135874637Many courts view the content of Internet websites with skepticism, or as one court put it, the Internet is a “large catalyst for rumor, innuendo, and misinformation.” Lorraine v Markel Am. Ins. Co. (D Md 2007) 241 FRD 534, 555 n30. Watch out—this attitude might impact your efforts to authenticate and get website postings into evidence.  Continue reading

Getting Edited Video into Evidence

458909277With court time and patience at a premium, it may be best to introduce an edited version of a video recording into evidence instead of the whole—possible very long—version. But before you do this, you’ll have to authenticate your truncated video. Continue reading

A Picture Is Worth…a Winning Case?

crash_117459024Photographs are an important tool in personal injury cases. Photos can have a great impact on the jury—they may even help jurors understand the issues more clearly than any words you can speak. Continue reading

Movie Time for the Jury

If a picture is worth a thousand words, then a motion picture is potentially worth much more. When used sparingly, getting a movie before the jury at trial can add a sense of reality, clarity, and drama to the evidence. Continue reading

How Do You Get Text Messages into Evidence: Authenticate, Authenticate, Authenticate

What can happen if you don’t authenticate text messages and then use them as crucial evidence in your case? A total disaster! Continue reading