Electronic Evidence Gathering
As we move farther into the information age, digital and electronic evidence is increasingly important in court cases. The types of electronic evidence that could be used in a court case include emails, digital photos, word documents, instant messaging logs, internet histories, documents or files stored on computer hard drives, tape recorded conversations, ATM transaction histories, and many more.
Uses of Electronic Evidence in Court
Like any other type of evidence, there are rules governing the usage of digital or electronic evidence. Before a piece of electronic evidence is accepted into a case, the court has to first determine many things about the item or information, including:
- Admissibility—often, the electronic evidence is ruled “inadmissible” because it was not obtained with appropriate authorization. In most jurisdictions, a warrant is necessary in order to confiscate and use electronic evidence.
- Authentication—as with any piece of evidence, electronic evidence must first be proven to be authentic in order for it to be used in court.
- Relevance—the judge will also decide whether the evidence is relevant to the case before allowing it as an official piece of evidence.
- Hearsay—like any evidence, the evidence cannot be hearsay in order for it to be used in court.
- Copy/Original—in some instances, only the original evidence will be admissible.
These are just a few of the many rules dictating the use of electronic evidence in court. With the help of an attorney, you can be given a full understanding how these rules apply to your case.
Contact Us
If you have any unanswered questions regarding the use of electronic evidence in a court case, contact the Denver personal injury attorneys of Hull & Zimmerman, P.C., today by calling (303) 423-1770.
