Proposal / Submission Type
Peer Reviewed Paper
Location
Arlington, Virginia
Abstract
The newly revised Federal Rules of Civil Procedure and developments under the Federal Rules of Evidence have a significant impact on the use, collection, and treatment of digital evidence for legal proceedings. The Rules now formally grant electronic documents and digital evidence the same status as paper and other forms of tangible evidence. As a result, the availability and proper preservation of potentially relevant electronic evidence must be considered, at the very latest, in the preliminary stages of litigation and, at the earliest, as soon as litigation is reasonably anticipated. It is important for professionals to be familiar with the specific rules and developing laws pertaining to the preservation and production of digital evidence prior to an incident or the initial stages of litigation and discovery.
Keywords: digital forensics, electronic discovery, evidence production, privilege, civil procedure
Scholarly Commons Citation
Manes, Gavin W.; Downing, Elizabeth; Watson, Lance; and Thrutchley, Christopher, "New Federal Rules and Digital Evidence" (2007). Annual ADFSL Conference on Digital Forensics, Security and Law. 3.
https://commons.erau.edu/adfsl/2007/session-6/3
Included in
Computer Engineering Commons, Computer Law Commons, Electrical and Computer Engineering Commons, Forensic Science and Technology Commons, Information Security Commons
New Federal Rules and Digital Evidence
Arlington, Virginia
The newly revised Federal Rules of Civil Procedure and developments under the Federal Rules of Evidence have a significant impact on the use, collection, and treatment of digital evidence for legal proceedings. The Rules now formally grant electronic documents and digital evidence the same status as paper and other forms of tangible evidence. As a result, the availability and proper preservation of potentially relevant electronic evidence must be considered, at the very latest, in the preliminary stages of litigation and, at the earliest, as soon as litigation is reasonably anticipated. It is important for professionals to be familiar with the specific rules and developing laws pertaining to the preservation and production of digital evidence prior to an incident or the initial stages of litigation and discovery.
Keywords: digital forensics, electronic discovery, evidence production, privilege, civil procedure
Comments
Session Chair: David Biros