Social Media Evidence in Personal Injury Litigation: Admissibility Challenges

Navigating Authentication, Relevance and Hearsay Issues to Keep Out or Admit Evidence

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


Conducted on Monday, November 25, 2013

Recorded event now available

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Program Materials

This CLE webinar will provide personal injury litigators with best practices for admitting or barring social media evidence during discovery and trial. The panel will prepare counsel to deal with the challenges in authenticating social media evidence, and addressing relevancy issues and hearsay concerns.

Description

The abundance of information accessible on social media websites has dramatically changed the way personal injury litigators investigate and try cases. Recent case law confirms that social media content will continue to play a critical role during discovery and at trial.

The sources for obtaining social media evidence during discovery are plentiful. The personal injury attorney's main challenge is to keep evidence out that is not favorable to his or her client and get evidence admitted that paints the defendant in a poor light.

Courts are inconsistently ruling on authentication issues regarding social media evidence, creating new challenges and grey areas for personal injury litigators. Practitioners must confront a number of difficult evidentiary questions, including reliability and hearsay concerns and objections.

Listen as our authoritative panel of litigators discusses the legal and practical challenges inherent in pursuing and preventing the admission of evidence obtained from social media sites, apps and related sources during discovery and trial.

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Outline

  1. Discovery considerations
  2. Authentication
  3. Relevance and undue prejudice
  4. Hearsay

Benefits

The panel will review these and other key questions:

  • What are the most challenging issues for courts considering the authentication of social media evidence in personal injury cases?
  • What are counsel's best practices for dealing with hearsay and reliability challenges of social media evidence?
  • What thorny issues have personal injury litigators overcome—or been stymied by—in seeking to keep out or admit social media evidence?

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

Faculty

Robert J. Bogdanowicz, III
Robert J. Bogdanowicz, III

Deans & Lyons

Mr. Bogdanowicz has tried cases in state court, federal court, and before arbitration panels for plaintiffs and...  |  Read More

Richard N. Lettieri
Richard N. Lettieri

Lettieri Law Firm

Mr. Lettieri serves as E-Discovery Counsel in cases involving electronically stored information (ESI). His practice...  |  Read More

Lawrence Morales, II
Lawrence Morales, II

The Morales Firm

Mr. Morales has represented clients in jury trials, bench trials, arbitrations and injunction hearings involving...  |  Read More

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