It’s evident: Authenticating social media evidence in state and federal courts

Lawyers' Forum

By Martin A. Dolan

Martin A. Dolan is the principal attorney and owner of Dolan Law P.C. He represents victims in personal-injury and wrongful-death cases in state and federal courts.

Posted December 22, 2014 2:31 PM

The Internet is “one large catalyst for rumor, innuendo and misinformation,” and evidence from it is “adequate for almost nothing” — or so said the court in St. Clair v. Johnny’s Oyster & Shrimp Inc., 76 F. Supp. 2d 773, 774 (S.D. Tex. 1999), an early decision addressing authentication of Internet evidence. With the Internet’s increasing role in our everyday lives, this initial mistrust is subsiding in the face of acceptance. The initial skepticism mirrored misgivings …

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