Cellphones have become an indispensable source of evidence in modern litigation. From text messages and photographs to audio and video recordings, attorneys increasingly rely on digital evidence to support claims and defenses across a wide range of cases. This CLE program examines the legal and practical issues surrounding the use of cellphone evidence in court, with a particular focus on authentication, admissibility, and privacy considerations.

Participants will review the rules of evidence governing digital evidence, including authentication, relevance, and probative value, and will explore the requirements for admitting cellphone recordings into evidence. The course also examines wiretap and recording laws, the distinction between one-party and two-party consent jurisdictions, and the reasonable expectation of privacy doctrine.

Through discussion of significant case law and practical litigation examples—including family law and custody matters—attendees will gain guidance on ethically and effectively using cellphone evidence in court proceedings.