What Is Authentication?Īuthentication requires you to explain to the court that the digital document you are using is what you say it is. Be clear and direct when testifying, avoid contradictions and argument, and act courteously to all parties. Only provide answers to the question asked. If you do not understand a question, you can ask for the question to be repeated or rephrased before answering to make sure you understand it correctly. You can tell the court that you do not know the answer. Not knowing the answer to a question is okay. The core of credibility is to tell the truth in court and to be as accurate as possible when providing information and answering questions. The judge will listen carefully to what each party says in court or submits in written documents. If two parties disagree on the introduction or authenticity of a document, the judge will consider the credibility of both parties and the evidence offered. The judge will be looking for any conflicts in the presented evidence (for example, two sides providing contradictory testimonies). Credibility is central to the judge’s analysis. Credibility is whether the person is believable. CredibilityĬredibility is a fundamental issue for any testimonial evidence presented in court. Trials and other court hearings can be complicated, and it helps to have a legal expert presenting your case and arguing evidentiary admissibility. However, if it is possible, it is recommended that you have legal counsel because the rules of evidence can be difficult to understand. You can represent yourself in your family or civil law matter. This information sheet discusses how to authenticate digital evidence for family or civil law matters at the Provincial Court of British Columbia or the Supreme Court of British Columbia. Common law is based on court decisions and legal precedent. Because British Columbia does not have specific evidence laws about the admission of electronic documents in court, common law principles apply. Authentication is an important step for digital evidence to be admitted by the court. As with any piece of evidence to be considered by a court, there are requirements that govern the introduction of all evidence. Digital evidence such as text messages, e-mails, and social media posts are often relevant to family or civil matters in British Columbia courts.
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