Screenshots as Evidence

Screenshots as Evidence, Do Courts Accept It?: eDiscovery Case Law

You might not think that screenshots as evidence would be acceptable by courts. But, as this article from Jim Gill of Hanzo tells you, it’s not that simple.

In his article When it Comes to Using Screenshots as Evidence, It’s All About Authentication, Jim discusses Federal Rules of Evidence (FRE) Rules 1001, 1002, and 1003, which together define “best evidence” when it comes to discovery. Rule 1002 sets the standard for obtaining original documents. However, Rule 1001 states, “Present-day techniques have expanded methods of storing data, yet the essential form which the information ultimately assumes for usable purposes is words and figures. Hence the considerations underlying the rule dictate its expansion to include computers, photographic systems, and other modern developments.”

FRE Rule 1001 goes on to define an admissible copy as being, “produced by methods possessing an accuracy which virtually eliminates the possibility of error.” And Rule 1003 opens the door to using duplicates by stating, “When the only concern is with getting the words or other contents before the court with accuracy and precision, then a counterpart serves equally as well as the original if the counterpart is the product of a method which ensures accuracy and genuineness.”

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Jim goes on to discuss three cases regarding screenshots as evidence, which I also covered here, here and here (just sayin’ 🙂 ).

So, what did the courts decide regarding accepting screenshots as evidence in each of these cases? As Meat Loaf would sing, “Two out of three ain’t bad”. Two out of three which way? You’ll have to read his blog post here to find out! It’s just one more click!

So, what do you think? Have you had screenshots as evidence in any of your cases? Please share any comments you might have or if you’d like to know more about a particular topic.

Disclosure: Hanzo is an Educational Partner and sponsor of eDiscovery Today

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

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