Self-Authentication of Electronic Evidence: New Rules 902(13)-(14)

Self-Authentication of Electronic Evidence: New Rules 902(13)-(14) Gregory P. Joseph* Effective December 1, 2017, Rule 902 of the Federal Rules of Evidence was amended to add two provisions that authorize self-authentication of electronic evidence by certification.  Rule 902(13) allows use of a certification to authenticate e ...

2016-17 Supreme Court Civil Procedure Decisions

Gregory P. Joseph*       All Supreme Court decisions are important, but for federal civil practitioners nine issued during the 2016 term matter more than most.  Two deal with sanctions, two with personal jurisdiction and five with other bread-and ...

Admissibility and Authentication of Digital Evidence

Admissibility and Authentication of Digital Evidence — two charts and one article, co-authored by Judge Paul Grimm, Greg Joseph and the staff of Practical Law magazine. Reprinted with permission. ...

Best Practices for Authenticating Digital Evidence

Manual on Best Practices for Authenticating Digital Evidence, by Judge Paul Grimm, Professor Dan Capra and Greg Joseph.  Reprinted with permission from West Academic.  This Manual will be printed in the upcoming Federal Rules of Evidence 2017-2018 Edition. ...

Rule 37(e): The New Law of Electronic Spoliation

Rule 37(e): The New Law of Electronic Spoliation, 99 Judicature No. 3 at 35 (Winter 2015) ...

The 4 Major Changes to the Federal Rules of Civil Procedure Effective Dec. 1, 2015

Gregory P. Joseph* 1. Narrower Scope of Discovery. Discovery is confined to matters (i) “relevant to any party’s claim or defense” and (ii) “proportional to the needs of the case.” (Rule 26(b)(1)) Reasonably-Calculated Language Deleted. The sentence formerly providing that “Relevant information need no ...

What Every Judge and Lawyer Needs to Know About Electronic Evidence: Authentication

Gregory P. Joseph*     Not long ago, “friend” was a noun, “yelp” meant a shrill bark, “twitter” referred to a chirp, a “tumbler” was a gymnast or a glass, and “facebook,” “youtube,” and “instagram” were gibberish. Cases now rise and fall on the admissibility of Facebook profiles, Yelp reviews, T ...

Social Media and Internet Evidence

Social Media and Internet Evidence, Litigation (Summer 2015, vol. 41, issue 4). ...

Judicial Notice of Internet Evidence

Judicial Notice of Internet Evidence, U.S. Law Week, Vol. 82, No. 34 (March 11, 2014) ...

The Temptation to Depose Every Expert

The Temptation to Depose Every Expert, 40 Litigation, No. 2 at 35 (Winter 2014) ...

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