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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)
- hearsay (FRE 803, 804, 807)
- original writing rule (Rules 1001-1008)
- probative value versus danger of unfair prejudice or other factors (Rule 403).
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Uniform Photographic Copies of Business and Public Records as Evidence Act
Codified in 28 USC s. 1732: