Like it or not, social media has radically transformed the way we the think, communicate, and interact with our friends, family, and the general public. Obtaining social media evidence relevant to your litigation is now a must and has rocketed to the top of every litigator’s checklist of potential evidence sources. However, the value of evidence that is not properly authenticated disappears. Therefore, attorneys collecting relevant social media evidence must be prepared to properly authenticate it.
The first step in the analysis for authenticating social media evidence is the same as traditional paper evidence: satisfying Federal Rule of Evidence 901. Under that rule, a proponent should be prepared to demonstrate that the information in the exhibit in question appeared on the referenced website, and that the exhibit accurately reflects the information as it appeared on the website. Most importantly, the printout should contain the web address of the website and the date on which it was printed. Additional authentication steps may be necessary, including witness testimony by the person who printed the posting, indicating the printer recalls the appearance of the printout, and that he or she recognizes the exhibit as that printout.
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