New Discovery Rules Are Coming to Criminal Law

January 9, 2018 Casey C. Sullivan

eDiscovery is not just for civil litigation—and it hasn’t been for some time. ESI is increasingly making an impact in criminal cases, where emails, social media posts, and text messages have become common sources of evidence, whether in homicide investigations or, more typically, white collar criminal prosecutions such as insider trading and securities fraud. And the sources of relevant ESI are growing every day, leading to a deluge of new evidence in both criminal and civil cases. The “Internet of Things” (think your Amazon Alexa and Fitbit Smartwatch) is generating massive amounts of data that’s being used to investigate murders and expose arsonists, while the use of cell site data has become increasingly frequent—and controversial—in courts today.

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