Divorce and E-Discovery: Locating, Obtaining, Introducing and Restricting Admission of Electronic Evidence

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Wednesday, April 9, 2014

Recorded event now available

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Course Materials

This CLE course will discuss ways family law attorneys can locate, retrieve, admit and defend the admission of electronic evidence in a divorce case within the context of a national scope. The panel will explain different types of electronic evidence, describe legal methods of obtaining evidence, and offer approaches to overcome objections raised.

Description

Retrieving electronic data and information is critical for family lawyers in developing a discovery strategy and avoiding the possibility of data being lost or destroyed. Counsel must also properly lay the foundation for, authenticate and correctly introduce electronic evidence.

In drafting a discovery request, counsel must consider the types of files sought and potential locations for stored information (hard drive, jump drive, CD-ROM, remote Internet storage, handheld device, network storage)—and potential objections to admissibility of the evidence. Counsel should also consider sending a spoliation letter.

Practitioners should also prepare strategies to make proper objections to electronic evidence from the other party. Such evidence may include voice transmissions, computer documents, downloads from GPS equipment, emails, information on cell phones (e.g., calendars, text messages, notes, photos and address books) and videos.

Listen as our panel of family law attorneys discusses best practices to locate and collect electronic evidence, draft discovery requests, respond to objections, and prepare for the admission and restriction of electronic evidence.

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Outline

  1. Types of electronic evidence
  2. Ways to collect the evidence
  3. Objections and responses
  4. Litigation holds
  5. FRCP
  6. Procedures for authenticating and admitting electronic evidence

Benefits

The panel will review these and other key questions:

  • What types of electronic evidence should counsel consider obtaining?
  • What should counsel consider when drafting discovery requests?
  • What strategies can counsel utilize upon receipt of an objection to a discovery request for electronic evidence?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Honorable Scott Beauchamp
Honorable Scott Beauchamp
Associate Judge
301st District Court

Prior to serving as Associate Judge for 301st District Court, he served as Associate Judge for the 303rd District...  |  Read More

Jessica Hall Janicek
Jessica Hall Janicek
Atty
KoonsFuller

Ms. Janicek's practice focuses on family law, and she also has drafted and argued multiple appeals. In addition to...  |  Read More

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