Volume 36:3 (Spring 2013)

Authentication of Social Media Evidence



Authors:

Honorable Paul W. Grimm, Lisa Yurwit Bergstrom & Melissa M. O’Toole-Loureiro
Page(s):
433-472

Abstract

The authentication of social media evidence has become a prevalent issue in litigation today, creating much confusion and disarray for attorneys and judges. By exploring the current inconsistencies among courts’ decisions, this Article demonstrates the importance of the interplay between Federal Rules of Evidence 901, 104(a), 104(b), and 401—all essential rules for determining the admissibility and authentication of social media evidence. Most importantly, this Article concludes by offering valuable and practical suggestions for attorneys to authenticate social media evidence successfully.