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

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


Conducted on Tuesday, April 28, 2020

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

Today's mobile 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 evidence in the first place is often a difficult task. Mobile phone evidence arises in myriad tort cases, usually those involving auto accidents where GPS information comes into play. Litigators must understand how to request and obtain this information to properly 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. FRE 902(13) and 902(14) are vital components of the admissibility picture.

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 (including discussion of Rule 902(13) and 902(14)
  4. Use of expert witnesses at trial
  5. Best practices in obtaining and using mobile 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 mobile phone data as evidence?
  • What are the best practices for attorneys in obtaining and using cell phone data during litigation?

Faculty

Benjamin, Nicole
Nicole J. Benjamin

Shareholder
Adler Pollock & Sheehan

Ms. Benjamin has represented public and private companies in high-stakes litigation in federal and state court. She has...  |  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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