Chain of Custody

Chain of Custody

Chain of Custody

Chain of custody documents the continuous handling of evidence from collection through presentation, recording each transfer, storage condition, and testing performed.

Gaps do not automatically require exclusion. Courts generally admit the evidence and treat handling deficiencies as affecting weight, unless the gap suggests actual alteration.

Alternative Names:

Custody Chain, Evidence Custody

Why it Matters?

Chain of custody matters most where the item's condition is the disputed issue: a failed component in a product case, a vehicle in a trucking case, or a biological sample. The best practice is documenting custody from the moment of preservation, because reconstructing it later invites both admissibility challenges and spoliation arguments about what happened during the undocumented period.

Frequently asked questions

Does a gap in the chain of custody require exclusion?

Does a gap in the chain of custody require exclusion?

Usually not. Courts typically admit the evidence and allow the gap to be argued as affecting weight, unless there is reason to believe the item was altered.

When does chain of custody matter most?

When does chain of custody matter most?

When the item's physical condition is itself the disputed issue, such as a failed part, a vehicle component, or a tested sample.