Also known as: electronically stored data · electronic data · ESI · electronically stored information
Written by attorneys · grounded in primary & secondary sources — see below
Data maintained or transmitted in digital format on computers or other electronic devices. Such data is subject to the same evidentiary and discovery rules that govern writings and recordings.
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A lawyer at Echo Systems receives an email attachment containing spreadsheets and internal memos from opposing counsel during settlement talks. The lawyer recognizes that the material was not intended for her client and immediately contacts the sender to report the receipt.
Prosecutors offer printouts from a defendant's MySpace page to show threats made against the victim. The trial court requires the state to present evidence that the account belonged to the defendant and that the posts were not altered before admitting the electronically stored data.
The lawyer must promptly notify the sender if the lawyer knows or reasonably should know that the information was sent by mistake.
Courts apply traditional authentication standards and may require evidence linking the data to a particular person or account, such as ownership of a social media profile or distinctive content.
Supporting sources
A party need not produce the same electronically stored information in more than one form.
Supporting sources
…of Judge Battaglia In this case, we are tasked with determining the appropriate way to authenticate, for evidential purposes, electronically stored information printed from a social networking website, in particular, MySpace. Antoine Levar Griffin, Petitioner, seeks reversal of his convictions in the Circuit Court for Cecil County, contending…