In divorce cases, evidentiary complexities arise from the need to both admit relevant evidence and exclude improper or prejudicial material. With the increasing use of technology, issues related to electronic evidence, including emojis and AI-generated content, have become prominent. Courts must grapple with the authentication and admissibility of such digital evidence. Additionally, the concept of spoliation, which refers to the intentional or negligent destruction of evidence, poses challenges in divorce proceedings, as parties may attempt to conceal or alter digital information. Navigating these complexities requires a nuanced understanding of both traditional evidentiary rules and the evolving landscape of digital communication and data.
Key topics to be discussed:
Getting evidence in and keeping evidence out
Emojis, AI, and other electronic evidence
Date / Time: January 29, 2024
Paul Leopold | KoonsFuller
Paul Leopold is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization and focuses his practice on family law appeals. He has successfully argued appeals and original proceedings in multiple state and federal appellate courts, ranging from complex property disputes, custody, child support, international child abduction, constitutional rights of parents, and myriad other issues. He has been voted by his peers as a “Top Attorney” in both family law and appellate law and has been recognized as a Texas Rising Star by Thomson Reuters for appellate law. Paul regularly prepares materials to teach other attorneys in Texas and around the nation through continuing legal education courses.
As appellate counsel, Paul works with trial attorneys at each stage of a case. He helps with strategy, pretrial practice, dispositive motions, trial, preservation of error, and jury charges. Paul is called on by attorneys around Texas for guidance with complex issues or handling appeals from their cases as well.
Paul actively participates with both local and statewide bar associations and legal groups, including providing monthly case law updates to the Tarrant County Family Law Bar Association. Paul was previously appointed to work with the Texas Supreme Court Advisory Committee to draft procedural and evidentiary rules that affect the enforcement of foreign judgments in family law cases.
Outside of work, Paul enjoys being with his wife and kids and gardening.
I. Getting evidence in and keeping evidence out | 1:00pm – 1:30pm
II. Emojis, AI, and other electronic evidence | 1:30pm – 2:00pm