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“Authenticating Digital Evidence Under FRE 902(13) and (14)”

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The modern world has generated vast quantities of new digital evidence, but authentication of that digital evidence is challenging. This whitepaper examines how legal professionals can make use of appropriate tools and services to collect and preserve self-authenticating digital evidence.

Vast quantities of modern evidence are digital and stored in the public and private cloud. Based on societal norms, the growth of digital evidence continues to be exponential. In today’s world, authentication of digital evidence is challenging. 

Utilizing a collection and preservation method that proves the authenticity of a piece of evidence is crucial—and failing to do so will, now more than ever, encourage opposing counsel to question the authenticity and admissibility of that information. 

Download this whitepaper to learn how to generate defensible evidence that has hash values (digital signatures) and metadata. By doing this, you can collect and preserve self-authenticating digital evidence that will be accepted under FRE 902(13) and (14). Plus, you will also learn: 

  • The differences between the Maryland Approach and the Texas Approach
  • Authentic versus relevant evidence (relevance under FRE Article IV)
  • Article IV and the limits of FRE 902(13) and 902(14) 
  • The implications of FRE 902 amendments (13) and (14) 
  • How to generate a hash value
  • Best practices for collecting authenticated digital evidence 


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