In an article for the New Jersey Defense Associations John W. Meyer, attorney in Goldberg Segalla’s Transportation practice group, analyzed the complexity of admittance of electronically stored business records in court.

“As defense counsel, practitioners are often presented with sophisticated clients, both large and small, that rely on electronic systems to record, store, and compile thousands of everyday transactions stored not in the file rooms of old, but instead in databases, servers and various intangible folders,” John wrote,  noting there can still be challenges achieving admittance of client’s electronically stored files in court.

The key, John said, is acquiring client records as presumptively reliable statements. This requires attorneys to produce the electronically stored records, and an individual with sufficient record keeping knowledge, while establishing that said records were stored/created at or near the time of occurrence.

“As defense counsel, our job is to not only keep up with our clients, but to ensure the time and energy they invest into creating sophisticated record keeping technology is rewarded and protected come the time of trial,” he said.

MORE ABOUT GOLDBERG SEGALLA’S JOHN W. MEYER:

John W. Meyer focuses his practice on a variety of complex civil litigation matters ranging from the trucking and transportation industry to a variety of consumer products both at the trial and appellate level. He defends businesses and their insurers in general liability and personal injury matters, and is involved in all aspects of the litigation process including depositions, mediation, motions, and discovery.

READ THE FULL ARTICLE: “Electronically Stored Business Records: Favorable Presumptions and Motion Practice,” New Jersey Defense, Fall 2023

Reprinted with permission from the New Jersey Defense Association magazine.