Discoverability of Electronic Evidence

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Lisa Buehrer
Intro to Paralegal
Teamwork (Team A)
Discoverability of electronic evidence

Identify the various types of electronic evidence, including potential sources of electronic evidence? Computer-generated or electronically recorded information such as emails, voicemails, spreadsheets, word processing documents and other data. What are the advantages of electronic evidence?

Once something is entered into the computer, it is saved whether the save button is pushed or not. This is called Metadata. This consists of data that is hidden and kept on the computer like the path, creator, date created, date last accessed, etc. What are the disadvantages of electronic evidence?

The biggest disadvantage to electronic evidence is that it can be tampered with or altered by an individual. Is electronic evidence discoverable in Federal Court? In State Courts? Yes
What are the special requirements to be followed when dealing with electronic evidence that a part wants to use as evidence during litigation? You need to make sure that you have obtained an exact image copy of the electronic evidence and make sure you can prove that it hasn’t been tampered with or changed from the time you obtained it. What is the final team consensus as to whether electronic evidence should be freely discoverable and admissible in litigation? I believe that electronic evidence is a must in the times that we live in as long as the chain of custody has been done. As long as the chain of custody is followed there is never going to be a question as to the validity of the evidence.
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