Judicial Notice Has Expanded: What You Need to Know
Change is coming, and litigators need to begin contemplating how to best use this new statute in their presentation of evidence.
June 08, 2022 at 10:57 AM
5 minute read
LitigationPresently, items that can be easily located on the world wide web are not so readily admissible at trial. This is because "websites are not self-authenticating." See Digiovanni v. Deutsche Bank Nat'l Trust, 226 So. 3d 984, 989 (Fla. 2d DCA 2017), quoting Nationwide Mutual Fire Insurance v. Darragh, 95 So. 3d 897, 900 (Fla. 5th DCA 2012). For example, under the current law, a party wishing to introduce a photograph from Google Maps must authenticate the photograph "in the same manner as any other photographic evidence before it is admitted in evidence." See City of Miami v. Kho, 290 So. 3d 942, 944 (Fla. 3d DCA 2019).
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