31
May
By Matthew J. Hamilton, Donna L. Fisher, Jessica K. Southwick | Pepper Hamilton
Litigants who proffer data obtained from social networking sites like Facebook, Twitter and Instagram must authenticate that data before it will be admitted as evidence. Nearly all jurisdictions have a rule of evidence addressing authentication of exhibits and records, many of which mirror Rule 901(a) of the Federal Rules of Evidence.
Courts have not agreed, however, on how to satisfy the requirements of Rule 901(a) for social media evidence. Recently, in Commonwealth v....