Electronic Evidence In Civil And Administrative Proceedings

This book provides a deeper understanding of electronic evidence and its use in civil and commercial dispute resolution. The explosive growth of information technology has had major impacts on the development of the economy, society and also on the improvement of legal proceedings with the use of modern technology in all areas of criminal and civil procedures. This book focuses on the current provisions of UNCITRAL, the European Union, Germany and Vietnam concerning electronic evidence in civil and commercial dispute resolution. It analyses the notion and the basic aspects of evidence and electronic evidence and explores the process of finding electronic evidence. Further, it discusses how the effectiveness of finding electronic evidence can be reconciled with a respect for fundamental rights, in particular with personal privacy and personal data protection. The book subsequently addresses the authentication and admissibility of electronic evidence; the evaluation of electronic evidence and the burden of proof; and the challenges of using electronic evidence in civil and commercial dispute resolution. Finally, it puts forward proposals for promoting the use of electronic evidence in these contexts. As the book focuses on the current texts of UNCITRAL and the civil procedure legislation of the European Union, Germany and Vietnam, it relies on a comparative method which deals with the most significant provisions of the above legislation.

Electronic evidence is now recognised as the main source of evidence worldwide. It affects every aspect of law, criminal and civil, and with the internet, is even more important for all lawyers to understand and apply to daily practice.Electronic Evidence Second edition provides you with essential guidance on how to understand electronic evidence and how to use this successfully in litigation and other means of dispute resolution.This title brings together all the issues relating to disclosure, procedure and admissibility of electronic evidence as well as comprehensive coverage of jurisdictions including Australia, Canada, the UK, Hong Kong, India, New Zealand, Singapore, South Africa and the USA.Key benefits:* Currently the only text available on this subject * Enables you to advise on electronic evidence confidently * Covers the complexities and types of electronic evidence in one source, and also makes suggestions for further reading on more technical issues, to save you time * Ensures compliance with procedures and duties to the court for the disclosure of electronic evidence * Includes coverage of key foreign jurisdictions and a glossary to ease understanding New to this edition:* Chapter on the practical management of digital evidence * Chapter on presumptions and digital evidence considering some false assumptions about digital evidence that have a direct bearing on the legitimacy of some findings * Fully updated material on the jurisdictions covered, including case law and legislation

An increasing number of civil and criminal proceedings involve the use of digital evidence across jurisdictional boundaries. Digital evidence now affects every aspect of law, including contract, employment, family, crime, intellectual property, and land law. In effect, no area of law is excluded, and digital evidence has become of greater importance now that the Internet has become ubiquitous. It is increasingly apparent that criminals and terrorists target the electronic environment in order to steal, to carry out extortion, and to abuse children across jurisdictions. Additionally, both public and commercial organizations now rely on the digital environment to such an extent that it has become critical to business and, perhaps, the survival of the state. International Electronic Evidence provides an outline of the substantive law of evidence, admissibility, disclosure, and procedural requirements in respect of digital evidence for the jurisdictions covered, which include: Argentina, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Egypt, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Mexico, Netherlands, Norway, Poland, Portugal, Romania, Russia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Thailand, and Turkey.

"The proposed update, as part of our "Criminal Law Series," will incorporate all major changes to digital evidence in the criminal context. Like the first edition, it will serve as a concise, clear text addressing the procedural, tactical, and strategic elements of gathering, admitting, and presenting digital evidence."--

These guidelines, prepared by the European Committee on Legal Co-operation (CDCJ) and adopted by the Committee of Ministers of the Council of Europe on 16 June 2021, are designed to help the 47 member states of the Organisation to improve the functioning of their online dispute resolution mechanisms (ODR) in civil and administrative court proceedings, and to ensure that such mechanisms are accompanied by robust human rights safeguards, and that they are compatible with the key principles of a fair trial and effective remedy – Articles 6 and 13 of the European Convention on Human Rights – as set out in the case law of the European Court of Human Rights. This practical legal tool provides guidance in relation to fair procedure – access to justice, equality of arms, evidence, effective proceedings, delivery of the decision, right to a reasoned decision, enforcement of the decision and right to judicial review in cases involving purely automated decisions – to transparency in the use of ODR and requirements for hearings, as well as on specific issues such as cybersecurity and human rights protection, including personal data protection.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.