Scott Carlson Published in Illinois State Bar Association Newsletter: Trial Briefs
“eDiscovery Issues: Authenticating E-Mail Produced in Discovery”

Scott Carlson’s article, “eDiscovery Issues: Authenticating E-Mail Produced in Discovery,” was published in the December 2009 issue of the Illinois State Bar Association Newsletter: Trial Briefs. Scott’s article is the first in a series of articles about electronic discovery or “eDiscovery.” His article addresses fundamental issues relating to the authentication and admissibility of e-mail and other forms of electronically stored information (ESI).

Scott notes that because of a general unfamiliarity with electronically stored information or the large quantities of ESI typically involved in litigation, counsel often fail to meet the minimum required for authenticity when introducing electronic evidence. Scott explains that just like any other documents produced during discovery, e-mails, and other forms of ESI must be properly authenticated to lay a foundation for their admission into evidence at trial, for use as exhibits in motions for summary judgment or other pleadings.

Scott concludes that while many practitioners may not be as familiar or comfortable in dealing with electronic records as they would be with paper, we must not forget that the same fundamental principles apply regardless of the form of the evidence.