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Webpage content in a court case

Posted on 2009-02-09
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Hello,

We have a law firm client that would like to preserve a website in it's current form for use in a court case. I asked them to research the admissibility of website content in a court case, but I thought I would ask the tech world for its perspective, too.

Does anyone have any information as it pertains to preserving a website in its current form for use in court? What is the best way to save a website as of a point-in-time?

If you happen to have legal precedent to point to, that would be good, too. I wouldn't mind having a tech person tell a law firm where to look to find the legal precedent!

Thanks!

Jeff
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Question by:JAStillwell
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gwkg earned 2000 total points
ID: 23594533
Check to see if the current state is recorded at archive.org
How can I get pages authenticated from the Wayback Machine? How can use the pages in court?

The Wayback Machine tool was not designed for legal use. We do have a legal request policy found at our legal page. Please read through the entire policy before contacting us with your questions. We do have a standard affidavit as well as a FAQ section for lawyers. We would prefer that before you contact us for such services, you see if the other side will stipulate instead. We do not have an in-house legal staff, so this service takes away from our normal duties. Once you have read through our policy, if you still have questions, please contact us for more information.
http://www.archive.org/about/faqs.php#103
http://www.archive.org/legal/
A recent New Jersey District Court case established precedent that, when it comes to e-discovery , websites should be treated like all other electronic files.  Under this ruling, failing to produce a website that existed at the time the corporation was sued can be grounds for sanctions.
http://fastcase.blogspot.com/2008/12/adventures-in-e-discovery-preserve-your.html

Website Content: Duty to Preserve by Susan Ardisson, Esq.
http://bit-x-bit.com/blog/wp-content/uploads/2008/11/qubit-nov-08-website-content-duty-to-preserve.pdf
 Arteria Prop. Pty Ltd. v. Universal Funding V.T.O., Inc., 2008 WL 4513696 (D.N.J. Oct. 1, 2008) (Not for Publication)
http://www.ediscoverylaw.com/2008/10/articles/case-summaries/finding-no-reason-to-treat-websites-differently-than-other-electronic-files-court-grants-adverse-inference-for-failure-to-preserve-website/
 
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by:JAStillwell
ID: 31544649
Thank you! I sent the links to my client and am waiting for a reply from them. The information you sent looks like exactly what I am looking for!
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