Preparation Starts With the Technical Record
A witness may testify about messages, files, accounts, screenshots, exports, phone extractions, cloud records, logs, or an expert report. Counsel needs to know which of those items are native evidence, which are summaries or presentations, and which source records remain missing.
PowellPath helps attorneys prepare by reviewing the technical record, identifying source gaps, organizing exhibits, and drafting questions that test the foundation behind digital evidence.
Question Areas Often Developed
- What source device, account, export, image, or database supports the exhibit?
- Who collected it, when, with what tool, and with what chain-of-custody record?
- What metadata, timestamps, headers, logs, or account records support or contradict the claim?
- What data was unavailable, excluded, deleted, filtered, or not requested?
- What assumptions did the witness or expert make about the technology?
- What testimony would overstate what the digital record can prove?
The Work Product Should Be Practical
Deposition support may include exhibit maps, source-record timelines, technical question outlines, expert-report issue lists, missing-source charts, and plain-English explanations of artifacts. The goal is not to flood counsel with every possible technical point. The goal is to identify the questions that matter.