Most information is now communicated, generated, or stored electronically so "it can be expected that electronic evidence will constitute much, if not most, of the evidence used in future motions practice or at trial." See Lorraine v. Markel Am. Ins. Co., 241 F.R.D. 534, 537-37 (D. Md. 2007). Under these circumstances, a trial lawyer must ensure that he or she knows how to properly lay the foundation for admitting electronic evidence.
In an effort to assist counsel in "getting it right on the first try," at least in federal court, we have written an article entitled, "The Admissibility of Electronic Evidence Under the Federal Rules of Evidence" which was published today by the Richmond Journal of Law and Technology. If you get a chance to read the article, please let us know what you think about it.