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Discovering E-Discovery: Presentation

Admissibility of Electronic Evidence

Evidence rules that must be addressed before ESI is admitted as evidence include:

  • process of determining admissibility (FRE 104)
  • relevance (FRE 401)
  • authenticity (FRE 901(a), 902)
  • hearsay (FRE 803, 804, 807)
  • original writing rule (Rules 1001-1008)
  • probative value versus danger of unfair prejudice or other factors (Rule 403).

Authentication Issues: Social Networking Sites

Uniform Photographic Copies of Business and Public Records as Evidence Act

Codified in 28 USC s. 1732:

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