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Webpage content in a court case

Posted on 2009-02-09
Medium Priority
Last Modified: 2013-12-08

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!


Question by:JAStillwell
LVL 31

Accepted Solution

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.
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.

Website Content: Duty to Preserve by Susan Ardisson, Esq.
 Arteria Prop. Pty Ltd. v. Universal Funding V.T.O., Inc., 2008 WL 4513696 (D.N.J. Oct. 1, 2008) (Not for Publication)

Author Closing Comment

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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