Electronic Evidence

Definition(s)

  • According to Black’s law dictionary, evidence is “any species of proof, or probative matter, legally presented at the trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, exhibits, concrete objects, etc. for the purpose of inducing belief in the minds of the court or jury as to their contention.” Electronic information (like paper) generally is admissible into evidence in a legal proceeding.  1
  • Any computer-generated data that is relevant to a case. Included are email, text documents, spreadsheets, images, database files, deleted email and files and back-ups. The data may be on floppy disk, zip disk, hard drive, tape, CD or DVD.  2

Notes

  1. RenewData, Glossary (10/5/2005).
  2. Fenwick & West LLP, FWPS eDiscovery Terminology (11/6/2005). Citing Norcross Group FAQ’s, http://norcrossgroup.com/faq.html#5.