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Insight Center: Webinars

Obtaining and Admitting Cell Phone Evidence at Trial: Call Logs, Text Messages, and Location Data

Speakers: Michael I. Frankel, Laurence D. Lieb and Charles B. Molster III

Obtaining and Admitting Cell Phone Evidence at Trial: Call Logs, Text Messages, and Location Data

Presented by Strafford Publications, Inc.

Walk down any street or go into any restaurant and you will see countless people staring down at their smartphones. Today’s cell phones contain an incredible amount of electronically stored information (ESI) and are playing an increasingly important role in civil matters. Understanding how to use this information is critical for litigators.

Obtaining the evidence in the first place is often a difficult task. This particular issue is common in a myriad of tort cases and often arises in cases involving auto accidents where GPS information may come into play. Litigators must understand how to properly request and obtain this information to prepare their case.

The next question becomes how to use any evidence gathered from the records. Expert witnesses are essential resources to consider. A testifying expert can be the deciding factor supporting motions for discovery as well as the suppression or inadmissibility of evidence.

Listen as our distinguished panel discusses best practices for requesting, obtaining and admitting cell phone records that can make or break a case. The panel will also discuss the importance of using an expert witness to interpret complex cell phone records, such as GPS location data, at trial.

Key topics include:

  • What types of information are commonly stored in cell phones?
  • How can attorneys successfully obtain cell phone records and data for use at trial?
  • What role do expert witnesses play in the admission or exclusion of cell phone data as evidence?
  • What are the best practices for attorneys in obtaining and using cell phone data during litigation?

CLE credit available.

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