It took five separate rulings and hundreds of dense pages of balancing tests, analysis and orders just to figure out
what electronic evidence was discoverable; how the cost of retrieving, copying and distributing electronic records should be shared among parties; and whether sanctions should be imposed for failing to produce evidence.
For example, it is up to judges to determine whether digital evidence is reasonably accessible, or even to determine
what electronic evidence is — something not always clear when talking about spreadsheets, databases or other unstructured data.
Not exact matches
What the Crown and the court were talking about was the series of provisions on
electronic evidence from s. 31.1 to s. 31.8 of the Act.
It seems very clear to me that the photos were also
electronic documents, not because they were taken with a digital camera but because they were proferred as
evidence as to
what was in the computer, i.e. they were exactly the same in law as a printout (or the screenshots).
The improper procedure imposed by CGSB caused me as the Chair, and the other senior lawyer specialized in the use of records as
evidence, Martin Felsky, [2] to resign from the CGSB committee that drafted what is now this National Standard of Canada: Electronic Records as Documentary Evidence CAN / CGSB -72.34-2017 («72.34 - 2017,» as of March 1, 2017
evidence, Martin Felsky, [2] to resign from the CGSB committee that drafted
what is now this National Standard of Canada:
Electronic Records as Documentary
Evidence CAN / CGSB -72.34-2017 («72.34 - 2017,» as of March 1, 2017
Evidence CAN / CGSB -72.34-2017 («72.34 - 2017,» as of March 1, 2017, pdf.).
Joining my co-host J.Craig Williams and me to provide their insights are two e-discovery experts: Michele C.S. Lange, staff attorney in the
Electronic Evidence Services group at Kroll Ontrack Inc. and author of the ABA book,
Electronic Evidence and Discovery:
What Every Lawyer Should Know, and Dennis Kennedy, well - known lawyer and legal technology consultant based in St. Louis, Mo..
No judge has ever determined
what they mean by «reliability» of a machine controlled by software code, as I indicate in chapter 6 of
Electronic Evidence (4th edn, Institute of Advanced Legal Studies for the SAS Humanities Digital Library, School of Advanced Study, University of London, 2017), which is also an open source text http://ials.sas.ac.uk/digital/humanities-digital-library/observing-law-ials-open-book-service-law/
electronic-
evidence.
The increasing use of
electronic communications, from Facebook to text messaging, has challenged our courts to determine
what is admissible
evidence in family law hearings.
Better to increase the attractiveness of legal services by enabling lawyers to provide related services accompanying their legal services, e.g., family law lawyers providing financial planning advice, and law firms providing accounting and tax advisory work, and litigation lawyers working with experts who improve and maintain their clients»
electronic records management systems, because records are the most frequently used kind of evidence and are completely dependent on their records management systems for everything, particularly their «integrity» ( which is what the electronic records provisions of the Evidence Acts require be proved for admissibility; e.g., section 31.2 ( 1 ) ( a ) of the Canada Evidence Act - see: Ken Chasse, «Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free do
electronic records management systems, because records are the most frequently used kind of
evidence and are completely dependent on their records management systems for everything, particularly their «integrity» ( which is what the electronic records provisions of the Evidence Acts require be proved for admissibility; e.g., section 31.2 ( 1 ) ( a ) of the Canada Evidence Act - see: Ken Chasse, «Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free down
evidence and are completely dependent on their records management systems for everything, particularly their «integrity» ( which is
what the
electronic records provisions of the Evidence Acts require be proved for admissibility; e.g., section 31.2 ( 1 ) ( a ) of the Canada Evidence Act - see: Ken Chasse, «Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free do
electronic records provisions of the
Evidence Acts require be proved for admissibility; e.g., section 31.2 ( 1 ) ( a ) of the Canada Evidence Act - see: Ken Chasse, «Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free down
Evidence Acts require be proved for admissibility; e.g., section 31.2 ( 1 ) ( a ) of the Canada
Evidence Act - see: Ken Chasse, «Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free down
Evidence Act - see: Ken Chasse, «
Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free do
Electronic Records as
Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free down
Evidence,» and the other «records as
evidence» articles on «my SSRN authors page, for free down
evidence» articles on «my SSRN authors page, for free download ) 。
I took those ideas and asked the question, «
What would happen if a law firm was the subject of a lawsuit that involved
electronic evidence?»
What governments do, do for the justice system doesn't cost money, such as, the Truth in Sentencing Act of 2010 (see, Criminal Code s. 719 (3)-RRB-; and, talk of abolishing the preliminary inquiry, which would be a very big mistake because: (1) what other opportunity is there for defence counsel to challenge the reliability of evidence that comes from complex electronic systems and devices, so as to better prepare for trial and plea bargain
What governments do, do for the justice system doesn't cost money, such as, the Truth in Sentencing Act of 2010 (see, Criminal Code s. 719 (3)-RRB-; and, talk of abolishing the preliminary inquiry, which would be a very big mistake because: (1)
what other opportunity is there for defence counsel to challenge the reliability of evidence that comes from complex electronic systems and devices, so as to better prepare for trial and plea bargain
what other opportunity is there for defence counsel to challenge the reliability of
evidence that comes from complex
electronic systems and devices, so as to better prepare for trial and plea bargaining?
«When Clients Intrude Upon the Seclusion of Their Spouses» Personal Email:
What the Common Law Tort for the Invasion of Privacy Might Mean for Snooping Spouses and the
Electronic Evidence That They Obtain», January 2015.
Some judges are skeptical about
what process was used to acquire the texts and some states only accept
electronic evidence if it has been obtained by a professional such as a private investigator.