Internet Evidence In Ohio: Will It Hold Up in A Court of Law?

inspector looking into magnifying glass

internet evidence ohio courts.jpgIn this day and age, where children can operate their parents smart phones before they can read, where sending a hand-written letter has been replaced by a text, and where anything you could ever want to know is just one Google search away, it is not surprising that technology and the internet have found their way into our court systems. And with all this material so readily available, it begs the question . . . will information found on the internet hold up as evidence in a court of law?

In Ohio, it seems that it depends on the situation.  In Bank of Am., N.A. v. Miller, the Second District Court of Appeals was asked by the Plaintiff to take “judicial notice,” and therefore accept factual information found on U.S. Bank’s website.

The Court explained that in order for it to take judicial notice, Ohio courts generally will only do so if a party is unable to deny the information that is posted on the website. In addition, if a party is seeking to use a website document as evidence, it will only be admitted if it fits within an exception to the hearsay rule.  For example, in Hess Read More... “Internet Evidence In Ohio: Will It Hold Up in A Court of Law?”