Editor’s Note: Identifying key digital evidence is only half the battle—ensuring that evidence is admissible in court is what ultimately matters. This article examines the legal standards that govern ...

Federal Rule 901 governs the authentication of evidence in court. Per the rule, “[t]o satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence ...

Longtime readers will recall that every so often, I would go on a "rant" about how many federal judges were ignoring the text of Federal Rule of Evidence 702, as amended in 2000. Instead, they were ...

Why reliability, methodology and clear explanation matter in complex cases Credentials alone are not enough under the ...

In 1995, Federal Rule of Evidence 413 became law. It states that “[in] a criminal prosecution in which a defendant is accused of a sexual assault, the court may admit evidence that the defendant ...

Carmen Jack Giordano addresses holdings in which an original video recording has been destroyed or is otherwise unavailable and secondary evidence is offered in lieu of the original. New York courts ...

The managing judge of the High Court battle that opened up the Post Office Horizon scandal has warned that while current rules on digital evidence need to change, they should not simply revert to ...

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This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated. BOISE, Idaho (AP) — Prosecutors and ...