The focus of this survey is upon developments in Indiana’s evidence law spanning the period from October 1, 2016 through September 30, 2017. In keeping with the consistent practice of this survey since the 1996 installment, the topics for discussion shall be addressed in the same order as the Indiana Rules of Evidence.
During recent decades, the teaching and discussion of Evidence law have come to focus almost entirely on the topics covered by the Federal Rules of Evidence and their state equivalents. Just as the Federal Rules of Civil Procedure caused teachers and scholars to focus on what they cover, the Federal Rules of Evidence have come to define our understanding of what Evidence law is about.
by Michele Lorbieski Anderson
Frost Brown Todd
201 North Illinois Street, Suite 1900
Indianapolis, IN 46244-0961
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All of the social media sites and applications available today share one thing in common: the users provide the content. As such, social media can be a good source of electronically stored information (“ESI”) about those users, most commonly in the form of pictures, statements, or videos. The phrase “you can’t trust everything that you see on the internet” hints at the most obvious barriers to the admission of evidence from social media, which are authentication and hearsay.