Evidentiary Complexities in Divorce Cases: Electronic evidence, authentication and admissibility, spoliation, and more

In divorce cases, evidentiary complexities arise from the need to both admit relevant evidence and exclude improper or prejudicial material. With the increasing use of technology, issues related to electronic evidence, including emojis and AI-generated content, have become prominent. Courts must grapple with the authentication and admissibility of such digital evidence. Additionally, the concept of spoliation, which refers to the intentional or negligent destruction of evidence, poses challenges in divorce proceedings, as parties may attempt to conceal or alter digital information. Navigating these complexities requires a nuanced understanding of both traditional evidentiary rules and the evolving landscape of digital communication and data.

Key topics to be discussed:

• Getting evidence in and keeping evidence out
• Emojis, AI, and other electronic evidence
• Spoliation

Date / Time: January 29, 2024

Closed-captioning available