FileSworn Blog
Practical guides and case law analysis on digital evidence management, authentication, and spoliation prevention.
How to Authenticate Digital Evidence Under FRE 902(13): A Practical Guide for Litigators
A practical guide to self-authenticating digital evidence under Federal Rules of Evidence 902(13) and 902(14). Learn how SHA-256 hashing and written certifications eliminate the need for foundation witnesses.
Read article →What Evidence Spoliation Actually Costs: Sanctions, Case Law, and How to Prevent Them
Real cases, real sanctions. From Zubulake's $29.3M verdict to Allied Concrete's $542K penalty, see what evidence spoliation actually costs — and the preservation strategies that prevent it.
Read article →Body Camera Footage Chain of Custody: What Defense Attorneys Need to Know
Defense attorneys receive body cam footage with no chain of custody and no way to prove who viewed it. Here's how to maintain evidence integrity from discovery through trial.
Read article →Digital Evidence FAQ: Authentication, Chain of Custody, and Spoliation
Answers to the 12 most common questions about digital evidence in court — FRE 902(13), chain of custody, evidence spoliation, how to prove evidence has not been tampered with, and more.
Read article →Case Law Reference
Individual summaries of landmark digital evidence cases — what happened, what the court held, and how to prevent it.
Lorraine v. Markel American Insurance Co. (D. Md. 2007)
All digital evidence excluded because neither party authenticated it. The landmark 101-page opinion that defined digital evidence authentication.
Zubulake v. UBS Warburg (S.D.N.Y. 2003–05)
Failure to preserve emails resulted in a $29.3M verdict. Established the foundational duty to preserve ESI when litigation is anticipated.
Allied Concrete Co. v. Lester (Va. 2011)
Attorney directed client to delete Facebook evidence. $542K sanctions, $180K fees, and a suspended law license.
Guarisco v. Boh Bros. Construction Co. (E.D. La. 2009)
Digitally altered photograph in discovery triggered court sanctions. SHA-256 hashing at collection makes this scenario impossible.
State v. Casey Anthony (Fla. 2011)
A flawed forensic tool and authentication gaps undermined the prosecution's digital evidence case. Chain of custody documentation is the defense.