Focus of E-Discovery Turns to Authentication of Electronic Evidence
In order to be admitted into evidence, records of any kind must be shown to be authentic – put simply, the party seeking to admit them into evidence must prove that they are what they purport to be. For paper and other tangible records, this process requires having a witness testify to the record’s authenticity at trial. Electronic records, however, present different challenges because they can easily be tampered without any outward signs of alteration, making it difficult or even impossible for a witness to tell if a record is authentic. Lacking the requisite proof of authenticity, electronic records may not be admissible as evidence, leaving organizations vulnerable in their legal defense.
For litigation support companies, this means being able to recommend and implement an easy-to-use, effective solution like AbsoluteProof® for authenticating clients’ electronic records. Having such a precaution in place ensures that organizations are litigation ready and that their electronic records can be authenticated and admitted as evidence. An unimpeachable data authentication solution is crucial in order to prove that records have not been altered at any point in their chain of custody. With so many people accessing and viewing electronic records in preparation for trial, it is imperative that litigation support companies can mitigate this risk ... for themselves and for their clients.