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Self-authenticating evidence

Posted By ACEDS Staff, Tuesday, January 9, 2018

Federal Rule of Evidence 902 amendments took effect on December 1, 2017.

Kelly Twigger reviews the reactions to FRE 902, allowing self-authentication of ESI.  Kelly quotes Craig Ball’s must-have’s for the affidavit certifying the collection:

  1. The corpus of data copied from the electronic device, storage medium, or file is clearly and unequivocally identified;
  2. The witness verifying the hash value is qualified and experienced in the calculation of a hash value;
  3. The tool and methodology employed to calculate the hash is known by the witness to be reliable;
  4. The witness attests that the hash values matched using the verified tool/methodology; and
  5. The hash value is disclosed (to facilitate independent verification). This last may not be an essential element, but I deem it good practice. Read more about Rule 902 here

Tags:  ESI  evidence  FRE 902 

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