Will I be able to get my digital evidence into the court record during my hearing?
Each state is governed by what are called “rules of evidence.” Your state can have its own rules or follow the Federal Rules of Evidence. The rules generally address what is allowed as evidence in court and deal with issues such as:
- exceptions to the rule against “hearsay;”
- what types of documents may have to be certified for them to be admitted into court during a trial;
- what types of questions a witness can answer when testifying; and
- other topics.
Whether you can have your digital evidence admitted into the court record during your hearing may depend on what your state’s rules of evidence say and what the judge decides. You can ask the court clerk or legal self-help center what format they accept digital evidence in, such as a printed screenshot of a text message or a flash drive with a video on it. You can also find lawyers in your state on our Finding a Lawyer page if you want to get legal advice about presenting evidence in your case.