How to Identify, Preserve and Present Digital Evidence at Trial

We live in a digital age. This has been true now for more than a decade but never more so than it is today. For legal practitioners, it is essential to adapt to new technologies in order to competently represent our clients. One area in which this is most critical is the use of digital evidence in litigation.  

This course, taught by solo criminal and family law practitioner Linda Watson, will briefly review what digital evidence is, what it may look like, and where to look for it when representing a client. The course will cover best practices in electronic investigations, explore where and how to obtain relevant digital evidence, and provide guidance on securing and storing evidence properly to preserve it for use in litigation. Finally, the program will examine the admissibility requirements for digital evidence in the courtroom: how to lay a proper foundation for digital evidence and overcome objections. On the flip side, attendees will also learn how to attack digital evidence in court, exposing one of the pitfalls of electronic information: it is not always what it appears to be. 

The presenter will also discuss new issues arising out of search warrants in the digital age, including GeoFencing warrants.

Learning Objectives:

1. Identify sources of digital evidence, including how to collect, preserve, and introduce electronic evidence at trial
2. Analyze key case law on the use of digital evidence
3. Discuss emerging issues of digital evidence, including google mapping, Facebook threats, and more