New amendments to Rule 902 of the Illinois Rules of Evidence, which became effective on Sept. 28, 2018, are explored by Dustin Karrison in his article, “What’s Not to ‘Like’?” in the November 2018 Illinois Bar Journal. The amendments ease the burden and expense of authenticating electronically stored evidence for trial, including content from social media sites.

While the amendments ease the burden and expense of authenticating social media content for trial, Karrison warns the amendments only go so far: Compliance with Rule 902 does not establish the original source of social media content. In other words, if a social media site is admitted into evidence, this does not necessarily confirm the content posted on the account was authored or posted by the owner of the account. Karrison provides attorneys on both sides of an authentication challenge with advice based on what the new amendments can and cannot do.

Read more in the November issue of the Illinois Bar Journal.