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Federal Rules of Evidence

Federal Rules of Evidence. Laws that Affect Admissibility of Collection -1. Federal Rules of Evidence (FRE) FRE 801(c)

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Federal Rules of Evidence

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  1. Federal Rules of Evidence

  2. Laws that Affect Admissibility of Collection -1 • Federal Rules of Evidence (FRE) • FRE 801(c) Hearsay: FRE 801(c): “a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” • Computer-generated records • Computer-stored records Exception: Rule 803(6) “Records of regularly conducted activity”

  3. Laws that Affect Admissibility of Collection -2 • Authentication FRE 901(a) states: The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims. This has more to do with chain of custody than expert testimony

  4. Laws that Affect Admissibility of Collection -3 • Reliability: Computer Records/Processes Technical code analysis not required Verification of output Normal course of business

  5. Laws that Affect Admissibility of Collection -4 • Best Evidence FRE 1001(3): If data is stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an “original”

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