Obtaining and Admitting Cell Phone Evidence at Trial: Call Logs, Text Messages, and Location Data

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


Conducted on Wednesday, February 20, 2019

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will guide litigators on how to obtain and use cell phone evidence at trial, from issuing discovery requests to overcoming admissibility issues. Our panel will also discuss the function of expert witnesses in providing evidence on cell phone location, GPS, text messaging and other commonly used wireless communications features.

Description

Walk down any street or go into any restaurant and you will see countless people staring down at their smartphones. Today’s cell phones contain an incredible amount of electronically stored information (ESI) and are playing an increasingly important role in civil matters. Understanding how to use this information is critical for litigators.

Obtaining the evidence in the first place is often a difficult task. This particular issue is common in a myriad of tort cases and often arises in cases involving auto accidents where GPS information may come into play. Litigators must understand how to properly request and obtain this information to prepare their case.

The next question becomes how to use any evidence gathered from the records. Expert witnesses are essential resources to consider. A testifying expert can be the deciding factor supporting motions for discovery as well as the suppression or inadmissibility of evidence.

Listen as our distinguished panel discusses best practices for requesting, obtaining and admitting cell phone records that can make or break a case. The panel will also discuss the importance of using an expert witness to interpret complex cell phone records, such as GPS location data, at trial.

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Outline

  1. Overview of information commonly stored in cell phones that is useful in litigation
  2. Discussion of how to successfully obtain cell phone records for use at trial
  3. Analysis of admissibility issues with cell phone records and data
  4. Use of expert witnesses at trial
  5. Best practices in obtaining and using cell phone data during litigation

Benefits

The panel will review these and other relevant topics:

  • What types of information are commonly stored in cell phones?
  • How can attorneys successfully obtain cell phone records and data for use at trial?
  • What role do expert witnesses play in the admission or exclusion of cell phone data as evidence?
  • What are the best practices for attorneys in obtaining and using cell phone data during litigation?

Faculty

Frankel, Michael
Michael I. Frankel

Senior Atty
Pepper Hamilton

Mr. Frankel provides e-discovery counseling to clients and colleagues facing the ever-increasing legal and...  |  Read More

Lieb, Laurence
Laurence D. Lieb, CCPA, CASA, COSFE, CBE, FEXE

Founder & Managing Partner
Tyger Forensics

Mr. Lieb is a nationally known subject matter expert in the field of computer forensics and electronic discovery. ...  |  Read More

Molster, Charles
Charles B. Molster, III

Founder
The Law Offices of Charles B. Molster III

Mr. Molster has extensive experience as a trial lawyer handling complex litigation matters in federal and state courts...  |  Read More

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