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In evidence law, digital evidence or electronic evidence is any probative information stored or transmitted in digital form that a party to a court case may use at trial. [1] Before accepting digital evidence a court will determine if the evidence is relevant, whether it is authentic, if it is hearsay and whether a copy is acceptable or the ...
Affidavit is not treated as "evidence" within the meaning of Section 3 of the Evidence Act. [4] However, it was held by the Supreme Court that an affidavit can be used as evidence only if the court so orders for sufficient reasons, namely, the right of the opposite party to have the deponent produced for cross-examination. [ 5 ]
Electronic evidence consists of these two sub-forms: analog (no longer so prevalent, but still existent in some sound recordings e.g), and; digital evidence (see longer article) This rather complex relationship can be depicted graphically as shown in this part of an EU-funded project on the topic embedded here at the right.
Electronic information is usually accompanied by metadata that is not found in paper documents and that can play an important part as evidence (e.g. the date and time a document was written could be useful in a copyright case). The preservation of metadata from electronic documents creates special challenges to prevent spoliation.
In the courtroom, if the defendant questions the chain of custody of the evidence it can be proven that the knife in the evidence room is the same knife found at the crime scene. However, if there are discrepancies and it cannot be proven who had the knife at a particular point in time, then the chain of custody is broken and the defendant can ...
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The term native files refers to user-created documents, which could be in Microsoft Office or OpenDocument file formats as well as other files stored on computer, but could include video surveillance footage saved on a computer hard drive, computer-aided design files such as blueprints or maps, digital photographs, scanned images, archive files, e-mail, and digital audio files, among other data.
“The state obtained additional evidence and determined that the charge cannot be proven beyond a reasonable doubt. Therefore, the state cannot proceed with the prosecution,” Schultz wrote, the ...
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