Managing Digital Evidence in Virginia Family Law Cases

In an ever-increasingly digital world, it is imperative for all lawyers, but especially family law lawyers, to have a good working knowledge of electronically stored information (ESI). Our clients use their electronic devices to communicate, store information, and conduct business. Critical evidence is often stored digitally and understanding how it is stored, how to obtain, and how it is treated in court is imperative for every family law lawyer. This presentation will walk through all aspects of ESI to allow Virginia family law counsel to best prepare their cases for maximum effectiveness.

Learning Objectives:

1. Understand what is ESI
2. Learn how ESI is treated by court procedural rules
3. Identify ESI litigation issues, including preservation, obtaining through discovery, discovery sanctions, and spoliation concerns
4. Discuss the legal landmines of obtaining ESI from electronic devices
5. Walkthrough the Virginia rules of evidence for use of ESI at trial