Thursday, August 11, 2011

Defendant's Computer Printout of Facebook Message Exlcuded as Evidence

http://ow.ly/60C9M

The link is to an artilce by Susan A. Ardisson, Esq. and it appears on qubit - a publication on computer forensics and e-discovery issues.

This article discusses a real life example where the defendant offered a printed 3 facebook messages, purportedly sent by the plaintiff, as evidence in a case.  The plaintiff denied sending the messages, and claimed her account was hacked.  The court held that since the defendant could not show a proper foundation that the evidence was truly sent by the plaintiff, that the evidence was not admissible.  The appellate court upheld the decision, and said the lower court did not abuse discretion.

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