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In this 3.3-hour, August 14, 2025 program, Michael J. Hutter, Esquire, provides an in-depth analysis of the expansive and evolving treasure trove of contemporary electronic and digital evidence. The good news is that traditional rules of evidence continue to apply to each new form of electronic and digital evidence.
Mr. Hutter explains how to apply the evidence rules - including the key, authentication - to various current forms of electronic and digital information. His practical approach equips attorneys with the tools needed to effectively navigate evidentiary challenges in the digital age.
Mr. Hutter is Professor of Law at Albany Law School where he teaches Evidence, Advanced Evidence, New York Practice, and Federal Jurisdiction/Practice. He has received numerous honors, including the Albany Law School Faculty Award for Excellence in Teaching and the Schenectady County Bar Association's President's Award. Mr. Hutter is also Special Counsel to the Albany, New York law firm of Powers & Santola, LLP.
Major topics include:
Definition, prevalence, value
Applicable evidence rules
Application of evidentiary rules to:
- computer records
- website data and postings
- social media posts
- emails
- texts
- social media, chatroom messaging and conversations
- digital imaging, webmapping services
- digital photographs, video recordings
Judicial notice
- general
- websites
- by court sua sponte
Practical suggestions
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