Nicole Gill of Cozen O’Connor discusses evidentiary hurdles and other challenges in presenting unconventional data in court and ways to overcome them.

Previous articles in this series have explored identification, preservation, collection, review and production of novel data sources, but I would be remiss if I left out the last, most overlooked, stage of the EDRM: presentation.

The courtroom is built on a tradition of live testimony and paper exhibits, but the digital universe does not fit nicely into this tradition. As such, litigators and legal technologists, are faced with the challenge of accurately, fairly, and persuasively presenting unconventional data in court.

Whether it’s a TikTok video, a Discord chat, or a chatbot transcript, legal teams are confronting evidentiary hurdles that go far beyond simply collecting data. From questions of authenticity and context to formatting and admissibility, the courtroom is struggling to keep pace with the complexity of modern digital evidence.

To read the full article as published in Reuters Westlaw Today, click here.