Every so often in Pennsylvania jurisprudence, an appellate court criminal law decision comes along that could serve to have a substantial impact on the litigation of Pennsylvania personal injury matters.
For instance, in the case of Commonwealth v. Koch, 39 A.3d 996 (Pa.Super. 2011), which is currently on appeal and pending before the Pennsylvania Supreme Court, the Pennsylvania Superior Court treated text messages as “writings” subject to the same requirements for authentication of any other type of writing under Pennsylvania Rule of Evidence 901. Obviously, that issue could have an impact on the admissibility of such evidence, or other forms of social media evidence, in civil litigation matters.
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