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Griffin v. State, 2010 Md. App. LEXIS 87 (Md. Ct. Spec. App. May 27, 2010).
Social media profiles on MySpace or Facebook could be authenticated circumstantially by their content and context in the same manner as other forms of electronic communications.
Social media profiles on MySpace or Facebook could be authenticated circumstantially by their content and context in the same manner as other forms of electronic communications.
Complete Conference Coordinators, Inc. v. Kumon North America, Inc., 2009 Ill. App. LEXIS 790 (Ill. App. Ct. 2d Dist. Aug. 14, 2009).
An Illinois appellate court declined to adopt a rule that an opponent's production of email in discovery authenticated the email.
An Illinois appellate court declined to adopt a rule that an opponent's production of email in discovery authenticated the email.
Eastview Healthcare, LLC v. Synertx, Inc., 2009 Ga. App. LEXIS 225 (Ga. Ct. App. Mar. 3, 2009).
Email produced by defendants in support of their counterclaims and used by plaintiff to contest the counterclaims could not be used by defendants to contest plaintiff’s claims unless the email was first authenticated by defendants.
Email produced by defendants in support of their counterclaims and used by plaintiff to contest the counterclaims could not be used by defendants to contest plaintiff’s claims unless the email was first authenticated by defendants.
Powertronix Corp. v. PV Powered, Inc., 2009 U.S. Dist. LEXIS 4934 (N.D. Cal. Jan. 14, 2009).
A motion to dismiss a complaint that referred to purchase orders with terms and conditions posted on a website was denied because electronic discovery would be needed to determine the contents of the website at the time the purchase orders were placed.
A motion to dismiss a complaint that referred to purchase orders with terms and conditions posted on a website was denied because electronic discovery would be needed to determine the contents of the website at the time the purchase orders were placed.
Washington v. State, 2008 Md. LEXIS 622 (Md. Dec. 12, 2008).
Maryland’s highest court reversed defendant’s conviction and twenty-year sentence for assault with a weapon because a videotape made from digital camera recordings of the crime scene was not authenticated through testimony of the technician who made the videotape.
Maryland’s highest court reversed defendant’s conviction and twenty-year sentence for assault with a weapon because a videotape made from digital camera recordings of the crime scene was not authenticated through testimony of the technician who made the videotape.
Bell v. Rochester Gas & Electric Corp., 2008 U.S. Dist. LEXIS 24521 (W.D.N.Y. Mar. 26, 2008).
An employee’s claim of discriminatory discharge was dismissed following the court’s finding that a printout found in the employer’s copy room of an email with racist language was not authenticated as a bona fide email message.
An employee’s claim of discriminatory discharge was dismissed following the court’s finding that a printout found in the employer’s copy room of an email with racist language was not authenticated as a bona fide email message.
Wells v. Xpedx, 2007 U.S. Dist. LEXIS 67000 (M.D. Fla. Sept. 11, 2007).
Email sent by plaintiff and attached as exhibits to plaintiff's opposition to defendant's motion for summary judgment were authenticated because defendant had produced the email during discovery.
Email sent by plaintiff and attached as exhibits to plaintiff's opposition to defendant's motion for summary judgment were authenticated because defendant had produced the email during discovery.
State v. Rivas, 2007 Ohio App. LEXIS 3299 (Ohio Ct. App. Jul. 13, 2007).
Defendant's conviction was overturned because the trial court failed to conduct an in camera review of police department computer hard drive data to verify the accuracy of transcripts compiled from chat room recordings on the hard drive and used against defendant.
Defendant's conviction was overturned because the trial court failed to conduct an in camera review of police department computer hard drive data to verify the accuracy of transcripts compiled from chat room recordings on the hard drive and used against defendant.
Sklar v. Clough, 2007 U.S. Dist. LEXIS 49248 (N.D. Ga. Jul. 6, 2007).
Objections to exhibits attached to plaintiff's summary judgment motion, including internet printouts, email, and PowerPoint presentations, were overruled. The documents were either authenticated by the fact that they were produced by defendants during discovery or because, if hearsay, the documents could be reduced to admissible evidence at trial.
Objections to exhibits attached to plaintiff's summary judgment motion, including internet printouts, email, and PowerPoint presentations, were overruled. The documents were either authenticated by the fact that they were produced by defendants during discovery or because, if hearsay, the documents could be reduced to admissible evidence at trial.
Lorraine v. Markel American Ins. Co., 2007 U.S. Dist. LEXIS 33020 (D. Md May 4, 2007).
After discovery, both parties moved for summary judgment to enforce a private arbitrator's award that certain damage to plaintiff's yacht was caused by lightening. Defendant sought to uphold the arbitrator's decision limiting the extent of plaintiff's damages; Plaintiff argued the arbitrator had exceeded his authority by liminting those damages. In denying both motions, the court held that emails attached to the both motions and offered as parol evidence were inadmissible due to parties' failure to lay the appropriate evidentiary foundation.
After discovery, both parties moved for summary judgment to enforce a private arbitrator's award that certain damage to plaintiff's yacht was caused by lightening. Defendant sought to uphold the arbitrator's decision limiting the extent of plaintiff's damages; Plaintiff argued the arbitrator had exceeded his authority by liminting those damages. In denying both motions, the court held that emails attached to the both motions and offered as parol evidence were inadmissible due to parties' failure to lay the appropriate evidentiary foundation.
Hutchens v. Hutchens-Collins ("Hutchens ll"), 2007 U.S. Dist. LEXIS 7436 (D. Ore. Jan. 30, 2007).
Costs of an expert witness retained to authenticate documents on a website were taxable costs to be awarded to the prevailing party only to the extent allowed for fact witnesses or $40 per day.
Costs of an expert witness retained to authenticate documents on a website were taxable costs to be awarded to the prevailing party only to the extent allowed for fact witnesses or $40 per day.
Hutchens v. Hutchens-Collins ("Hutchens l"), 2006 U.S. Dist. LEXIS 87187 (D. Ore. Nov. 30, 2006).
Documents of plaintiff found by defendant's attorney on an internet site with public access were not subject to requirements of Fed. R. Civ. P. 34 and were sufficiently authenticated for use in support of defendant's successful summary judgment motion.
Documents of plaintiff found by defendant's attorney on an internet site with public access were not subject to requirements of Fed. R. Civ. P. 34 and were sufficiently authenticated for use in support of defendant's successful summary judgment motion.
Inventory Locator Service, LLC v. PartsBase, Inc., 2006 U.S. Dist. LEXIS 39521 (W.D. Tenn. Jun. 14, 2006).
Allegations supported by expert analysis that a party fabricated electronic evidence warranted appointment of a special master to determine the authenticity of allegedly altered server-logs.
Allegations supported by expert analysis that a party fabricated electronic evidence warranted appointment of a special master to determine the authenticity of allegedly altered server-logs.
United States v. Safavian, 2006 U.S. Dist. LEXIS 32284 (D.D.C. May 23, 2006).
Most of 260 email documents which defendant sought to have excluded as evidence during his trial were properly authenticated by the government. After reviewing each email for admissibility, the court decided that 13 email documents would not be admitted at trial.
Most of 260 email documents which defendant sought to have excluded as evidence during his trial were properly authenticated by the government. After reviewing each email for admissibility, the court decided that 13 email documents would not be admitted at trial.
St. Luke's Cataract & Laser Institute, P.A. v. Sanderson, 2006 U.S. Dist. LEXIS 28873 (M.D. Fla. May 12, 2006).
A motion to admit evidence of the appearance of web pages on various dates was denied because an affidavit of the administrative director for Internet Archive submitted two years earlier in unrelated litigation did not meet requirements for authentication of the evidence.
A motion to admit evidence of the appearance of web pages on various dates was denied because an affidavit of the administrative director for Internet Archive submitted two years earlier in unrelated litigation did not meet requirements for authentication of the evidence.
McCaninch v. Federal Express Corporation, 2005 U.S. Dist. LEXIS 27390 (S.D. Iowa November 8, 2005).
Emails produced by employee in plaintiff's action claiming gender discrimination were properly authenticated and thus admissible in evidence.
Emails produced by employee in plaintiff's action claiming gender discrimination were properly authenticated and thus admissible in evidence.
Portis v. City of Chicago,, 2005 U.S. Dist. LEXIS 18241 (N.D. Ill. Aug. 24, 2005).
In a civil rights class action against a city for arresting violators of ordinances that provided only for fines, plaintiffs had compiled a database from city records that the city then obtained through discovery following a court order to pay a share of the cost of compiling the database (Portis II). In a later decision, the court held that the city could depose the plaintiffs' computer consultant and could require answers to questions concerning the consultant's compensation and previous affidavits he had filed concerning the database (Portis III).
In a civil rights class action against a city for arresting violators of ordinances that provided only for fines, plaintiffs had compiled a database from city records that the city then obtained through discovery following a court order to pay a share of the cost of compiling the database (Portis II). In a later decision, the court held that the city could depose the plaintiffs' computer consultant and could require answers to questions concerning the consultant's compensation and previous affidavits he had filed concerning the database (Portis III).
United States v. Meienberg, 263 F.3d 1177, 2001 U.S. App. LEXIS 19177, 56 Fed. R. Evid. Serv. (CBC) 1175 (10th Cir. Colo. Aug. 27, 2001).
Testimony that printouts reflected underlying records was sufficient to authenticate printouts.
Testimony that printouts reflected underlying records was sufficient to authenticate printouts.
Fenje v. Feld, 2003 U.S. Dist. LEXIS 24387 (N.D. Ill., Dec. 8, 2003).
Court discusses standards for authentication of email messages as evidence in support of summary judgment motion.
Court discusses standards for authentication of email messages as evidence in support of summary judgment motion.
Kearley v. State, 843 So. 2d 66, 2002 Miss. App. LEXIS 560 (Miss. Ct. App. Oct. 22, 2002).
Victim testimony sufficient to authenticate emails.
Victim testimony sufficient to authenticate emails.
State v. Cook, 149 Ohio App. 3d 422, 2002 Ohio 4812, 777 N.E.2d 882, 2002 Ohio App. LEXIS 4874 (Ohio Ct. App., Montgomery County Sept. 13, 2002).
Evidence derived from mirror image of hard drive was properly authenticated.
Evidence derived from mirror image of hard drive was properly authenticated.
Heveafil Sdn. Bhd. v. United States, 2001 Ct. Intl. Trade LEXIS 25 (Ct. Int'l Trade Feb. 27, 2001).
In an antidumping proceeding concerning extruded rubber thread, the U.S. Department of Commerce acted within its discretion in refusing to examine "bill of materials" evidence that a Malaysian producer had downloaded to a disk because it was not a document generated in the course of ordinary business. The producer had purged bill of materials evidence from its computer system after making the disk.
In an antidumping proceeding concerning extruded rubber thread, the U.S. Department of Commerce acted within its discretion in refusing to examine "bill of materials" evidence that a Malaysian producer had downloaded to a disk because it was not a document generated in the course of ordinary business. The producer had purged bill of materials evidence from its computer system after making the disk.
Pope v. State, 740 N.E.2d 1247, 2000 Ind. App. LEXIS 2125 (Ind. Ct. App. Dec. 28, 2000).
Affirming admission of emails from defendant's computer with attached child pornography; emails were "inextricably intertwined" with charges of possession of child pornography.
Affirming admission of emails from defendant's computer with attached child pornography; emails were "inextricably intertwined" with charges of possession of child pornography.
Superhighway Consulting, Inc. v. Techwave, Inc., 1999 U.S. Dist. LEXIS 17910 (N.D. Ill. Nov. 15, 1999).
Production of emails during discovery from the parties' own files sufficient to establish self-authentication.
Production of emails during discovery from the parties' own files sufficient to establish self-authentication.
United States v. Whitaker, 127 F.3d 595, 1997 U.S. App. LEXIS 27755, 47 Fed. R. Evid. Serv. (CBC) 1197 (7th Cir. Ill. Oct. 8, 1997).
Foundation witness's testimony that he was present when defendant's computer was seized and when the records were retrieved from the computer sufficient to establish authenticity.
Foundation witness's testimony that he was present when defendant's computer was seized and when the records were retrieved from the computer sufficient to establish authenticity.
