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Index/Topics/Electronic Discovery

Electronic Discovery

The process of collecting, preserving, and producing electronic evidence, such as emails, in a trial.

Fact-Checks

2 results
Jan 20, 2026
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What standards do courts use to admit digitally recorded evidence under the silent witness theory?

The silent witness theory lets a photograph, videotape, or other recording “speak for itself” if the proponent establishes the trustworthiness of the process or system that produced it rather than off...

Feb 7, 2026

Which legal standards let prosecutors introduce private emails as evidence in criminal trials?

by meeting familiar evidence-law thresholds: relevance, authentication under rules like , and either avoiding hearsay or fitting an established hearsay exception such as business records or admissions...