Have Potential Evidence Automatically Collected and Delivered to Your E-mail In-box. Attorneys can even have potential evidence automatically collected and delivered to their email in-box by using Google's Alert service (http://www.google.com/alerts). While Google Alerts originally monitored only news based on the researcher’s key words (e.g., a topic, a company name, or a …
Feb 25, 2008 · You shoud be served with a summons and complaint and the court has to give you time to file an answer prior to setting a court date. You can also serve a request for production on the plaintiff. Most courts have their rules and forms online. Only in a criminal case would you enter a guilty or not guilty plea.
Nov 30, 2011 · communications and activity, log records are rich in data and may contain significant evidence in many criminal cases. Common log records may include Web access or firewall log records. Log records are useful because they record commands or other information transmitted through the Internet.
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Comment to 2013 Change: Rule 21c is added to provide privacy protection for documents filed in civil cases.
In addition, it is possible that a case or case-related documents that were later sealed by court order could appear on the site. If a case or document was sealed post e-file and appears on the website:
Restricted and sealed cases are not available through the online search.
The electronic evidence may be stored on many different types of media, such as hard drives, thumb drives, and cell phones . Electronic information can be maintained by information providers or companies, such as Internet Service Providers, financial institutions, and cell phone companies.
To obtain log records, three steps are recommended: (1) identify the types of records and where they are maintained; (2) preserve the records with the providers maintaining them; and (3) use legal process to collect the records. There are a variety of common log records that a company may maintain.
In an age when Americans use cell phones for 11.7 billion call minutes and text messages every day, historical cell site analysis may provide valuable evidence in a criminal trial.
1 Intruder scans for vulnerabilities Scanning is easily identified in firewall logs as each TCP/UDP (Transmission Control Protocol / User Datagram Protocol) connection attempt is logged . The logs will show what services are being targeted, which IP addresses are being scanned, where (IP) the activity may be originating, etc. 2 Intruder attempts to exploit known vulnerability The logs will show the exploitation of a known vulnerability. For example, if a user exploits an SMB (Server Message Block) vulnerability, the logs will capture the connection each time the exploit is attempted over Port 445. 3 Exploit causes internal host to retrieve files from remote FTP server The logs will show the time of activity, filename, account used, IP address of the server or first proxy, size of file, etc. 4 Internal host connects to remote Internet Relay Chat (IRC) server The logs will contain entries showing each unique IRC connection, the IP or first proxy for the connection, duration, total bytes transferred, time, etc.
Log record analysis is an underutilized area of expertise that can effectively be used in a varietyof criminal investigations and trials. Log records essentially memorialize Internet communications andconnections on various devices along the path of transmission. Because of the importance of Internetcommunications and activity, log records are rich in data and may contain significant evidence in manycriminal cases. Common log records may include Web access or firewall log records.
Investigators can obtain everything associated with an account with a search warrant. ECPA doesnot require the government to notify the customer or subscriber when it obtains information from aprovider using a search warrant.
While it is possible that log records, like other forms of electronic evidence, can bemodified, it would be highly improbable that all the log records along the path of transmission could bealtered because each of the devices creating log records would have to be compromised to some degree. There are simply too many records under the control of other entities that would have to be modified.
Formally, testimonial evidence is provided by someone under oath. However, there are other types as well that happen outside of court that may be useful in a case or claim.
There are two overarching types of physical evidence: latent and patent.
When Attorney Earner was a Special Agent, he used samples collected from a persons shoe to grow a bacteria that was found in an area that the person said they were not ever in. There was no way for the bacteria to be present on their shoe if they weren’t actually there. It did not mean the person did something wrong, it was merely evidence that they lied about where they were at the time of the incident.
The key is that testimonial is any evidence where a human documents their personal account of what they saw, heard, felt, smelled, tasted, or had any sort relevant information about the incident or situation.
First, not all lawyers are equal in their ability to look for and gather it. Many are limited only to their own experiences. In other words, they don’t necessarily know what they don’t know. There is a requirement to think critical about what is potentially out there and also pay attention not only to what you can see (also called patent evidence), but also what you can’t see (latent evidence), and also be knowledgeable enough to recognize what the absence of actual evidence is telling you (negative).
Important note: When we discuss testimonial evidence in this article, we are talking collecting it in the investigation phase of a claim or case. Not the trial phase. When a person observes a situation and has information that is relevant, they will need to be present in court to testify in person and be available for cross examination. This is a critical part of the judicial process and a right that is guaranteed in the US Constitution as the Confrontation Clause in the Sixth Amendment (for criminal cases only), and as a fundamental right of Due Process Clause in the Fifth and Fourteenth Amendments (both criminal and civil). In a trial situation, a sworn statement is not the actual evidence, even though we (as lawyers) collect and evaluate them during the investigative phase of a case. It is an important distinction.
Very recently there was a man who was able to prove he did not commit a crime that carries a life sentence through the use of digital evidence. Watch his story.