Electronic Evidence
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Case Law
As discussed in Arkfeld on Electronic Discovery and Evidence.
Custodian of Records v. State, 272 Wis. 2d 208 (2004)
State ex. rel. Gehl v. Connors, 2007 WI APP 238 (2007)
Liturgical Publications Inc. v. Karides et al., 2006 WI App 101 (2006)
State ex rel. Milwaukee Police Ass'n. v. Jones, 237 Wis. 2d 840 (2000)
Books
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Digital Evidence Bootcamp by Wisconsin Supreme Court, Office of Judicial Education
Call Number: KFW2976.5.A75 D54 2020Publication Date: 2020 -
How to Get Your Social Media, Email and Text Evidence Admitted (and Keep Theirs Out) by Thomas M. Devine, Alex Flynn, & John P. Loringer
Call Number: KF8947.A75 H69 2017Publication Date: 2017What to look for, where to find it and what to do with it: email, social media, texts and video -- Applying hearsay exceptions and overcoming relevancy issues -- Establishing authenticity and satisfying the best evidence rule: the unsurmountable challenge -- Using expert witnesses to get your evidence in (and keep theirs out) -- Real-world examples, handy how-to's and sample screen shots -- Legal ethics and ESI -
Personal Injury Evidence: Social Media, Smartphones, Experts and Medical Records by Anthony P. Hahn, Paul R. Hoefle, & Michael R. Kruse
Call Number: KFW2940.A75 P47 2016Publication Date: 2016Social media : preventing damaging content from ruining the injury case -- Smartphone and text evidence in personal injury litigation -- Navigating HIPAA concerns in personal injury litigation -- Medical records : analyzing, admitting, using them to win your case -- Effective use of expert witnesses in injury cases -- Legal ethics -
Wisconsin Discovery Law and Practice by Ryan M. Billings et al.
Call Number: KFW2937 .D56ISBN: 9781578626823Publication Date: Updated Periodically"With Wisconsin Discovery Law and Practice, you not only get the authority on Wisconsin discovery law, you tap into the knowledge and experience of some of Wisconsin’s most successful litigators. You’ll find hundreds of tips that will make you not just a competent lawyer, but an exceptional lawyer in the realm of discovery." - State Bar of WI -
Wisconsin Evidence by David Blinka
Call Number: KFW2930 .W644Publication Date: Updated Periodically• § 82:43. Electronic discovery
• Chapter 14. Discovery of
Electronically Stored Information
• Chapter 19. Search and Seizure -
The Wisconsin Rules of Evidence by Mackenzie Campbell, John W. Markson, & Liesl Nelson
Call Number: KFW2940 .B37 E992ISBN: 9781578626762Publication Date: Updated Periodically"Whatever rule you’re looking up, the information is only seconds away in The Wisconsin Rules of Evidence: A Courtroom Handbook. It’s an essential reference for lawyers who need the rules of evidence at their command throughout a trial." - State Bar of WI
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Arkfeld's Best Practices for Legal Hold by Michael R. Arkfeld
Call Number: F8947 .A983ISBN: 9781663393999Publication Date: Updated Annually"This publication provides strategic guidance, recommendations and practice forms for legal professionals, organizations, including corporate counsel, in preparing for and implementing a legal hold." - LexisNexis -
Arkfeld's Best Practices Guide for Electronic Discovery and Evidence by Michael R. Arkfeld
Call Number: KF8947 .A981ISBN: 9781663393975Publication Date: Updated Biennially"A practical step-by-step guide on how to request or produce electronic data." - LexisNexis -
Arkfeld's Best Practices Guide for ESI Pretrial Discovery: Strategy and Tactics by Michael R. Arkfeld
Call Number: KF8947 .A982ISBN: 9798341704480Publication Date: Updated Annually"The new edition of Arkfeld's Best Practices Guide: ESI Pretrial Discovery — Strategy and Tactics contains procedural steps, strategy and substantive law considerations related to the pretrial discovery of electronically stored information (ESI). These practices are intended to be used as general guidelines for the discovery and production of ESI. Depending on the unique issues of your case, these suggested practices may necessitate a different approach and should be considered on a case-by-case basis." - LexisNexis -
Arkfeld on Electronic Discovery and Evidence by Michael R. Arkfeld
Call Number: Lexis Digital eBookISBN: 9781632840394Publication Date: Updated Biannually"The Fourth Edition of Arkfeld on Electronic Discovery and Evidence is a comprehensive treatise that addresses all the key aspects of the discovery and admission of electronic evidence, within the context of relevant statutes, regulations, and federal and state case law. Authored by Michael R. Arkfeld, Esq., a leading attorney and speaker, the revised Fourth Edition is enhanced both in substance and format. The up-to-date 1500 page treatise contains eight chapters as well as four companion Best Practices Guides, which are cross-referenced to the treatise." - LexisNexis -
Cyber Crime and Digital Evidence by Thomas K. Clancy
Call Number: KF8947.5 .C58 2023ISBN: 9781531024970Publication Date: 2022"This book is titled Cyber Crime and Digital Evidence: Materials and Cases for two fundamental reasons. First, in practicing law, it is more likely that a lawyer or judge will now encounter digital evidence in almost every case and situation, given its ubiquity in modern life. Accordingly, half of the book is devoted to the government's acquisition of digital evidence, regardless of the underlying crime. The balance of the book is devoted to various aspects of the law that have been modified to address the variety of new criminal behavior facilitated by digital devices and networks. And second, by listing "materials and cases" (in that order), the subtitle indicates that this book provides a broader framework of the cyber crime context than only an array of cases offers." - Carolina Academic -
Legal Ethics and Social Media by Jan L. Jacobowitz & John G. Browning
Call Number: KF306 .J3 2022ISBN: 9781639051960Publication Date: 2022"Written to assist lawyers with every level of experience in social media navigate the often slippery slope of digital communication such as Twitter, Facebook, YouTube and more, this pertinent book offers necessary guidance for one’s ethical responsibilities in social media." - ABA -
Managing Discovery of Electronic Information by Barbara J. Rothstein, Ronald J. Hedges, & Elizabeth C. Wiggins
Call Number: Electronic Resource (accessible online)Publication Date: 2017"This third edition of the pocket guide on managing the discovery of electronically stored information (ESI) covers the December 1, 2015, amendments to the Federal Rules of Civil Procedure and reflects the rise of new sources of ESI, particularly social media, and updates judges on how ESI may be searched. It also suggests case-management techniques that judges might use in smaller civil actions in which the costs of ESI discovery could hamper resolution on the merits." - Federal Judicial Center
- Last Updated: Sep 9, 2025 3:08 PM
- URL: https://wilawlibrary.libguides.com/digitalevidence
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