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You are viewing ARCHIVED CONTENT released online between 1 April 2010 and 24 August 2018 or content that has been selectively archived and is no longer active. Content in this archive is NOT UPDATED, and links may not function.Extract from article by Julie Brook, Esq., published on the CEB Blog
Despite 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.
When authenticating social media posts, there are three questions to answer:
- What was actually on the post?
- Does the exhibit or testimony accurately reflect what appeared on the post?
- If so, is it attributable to the source that the proponent claims?
See Lorraine v Markel Am. Ins. Co. (D Md 2007) 241 FRD 534, 555; Authentication of Social Media Evidence (2013) 36 Am J Trial Advoc 433, 446.
Read the complete article at How to Authenticate a Social Media Post