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Snapshot

  • The first article of this two-part series considered general admissibility issues relating to electronically stored information (ESI) under the Evidence Act NSW and tips to overcome objections.
  • This follow-up article examines some emerging issues and examples of the evidentiary use of particular forms of ESI, such as emails, forged emails, changing websites, SMS messages, and tweets.

The first article of this two-part series, published in the February 2015 edition of LSJ, considered general admissibility issues regarding electronically stored information (ESI) and tips to overcome objections.

This follow-up article now turns to an examination of some emerging issues in the evidentiary use of particular types of ESI, such as emails (and the problem of forged emails), changing websites (and getting archived versions admitted), SMS messages, and tweets.

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