FRE 902(13) and (14): Self-Authentication of ESI, Best Practices From 2021 Sedona Commentary on Admissibility
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide litigators in using Federal Rules of Evidence 902(13) and (14) to have records derived from electronic sources admitted into evidence. The panel will discuss the scope of the rules, state analogs, and avoiding unexpected stumbling blocks when obtaining the necessary certifications for self-authentication. The program will also review the 2021 Sedona Conference Commentary on ESI Evidence and Admissibility to be released in 2021 as it applies to FRE 902.
Outline
- Overview of Federal Rules of Evidence 902(13) and (14)
- Purpose and scope of rules
- Evidence subject to Rules 902(13) and (14)
- Best practices for self-authentication and admissibility of ESI
- The "Sedona Conference Commentary on ESI Evidence and Admissibility, Second Edition"
Benefits
The panel will review these and other relevant topics:
- What types of evidence are subject to FRE 902(13) and (14)?
- Who is qualified to authenticate that ESI offered in evidence is identical to the source?
- What are forensically sound methods to support the authentication of ESI to a judge and opposing parties?
- What are common admissibility disputes over ESI that arise in litigation?
- When do records qualify as self-authenticating under FRE 902(13) and (14)?
Faculty
David R. Cohen
Partner
Reed Smith
Mr. Cohen is the chair of the firm’s Records & E-Discovery Group. He has 30 years of commercial litigation... | Read More
Mr. Cohen is the chair of the firm’s Records & E-Discovery Group. He has 30 years of commercial litigation experience in a variety of subject matters. Mr. Cohen serves as special e-discovery counsel in many cases, represents companies in complex litigation matters, and also counsels clients on records management and litigation readiness issues. In addition, Mr. Cohen has designed and presented e-discovery training programs for judges and neutrals around the country; has authored numerous legal publications; and is a frequent presenter at continuing legal education seminars regarding e-discovery, technology and litigation tactics.
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Dennis I. Wilenchik
Member
Wilenchik & Bartness
Mr. Wilenchik's practice focuses on civil litigation with an emphasis on real estate and business, and he is a... | Read More
Mr. Wilenchik's practice focuses on civil litigation with an emphasis on real estate and business, and he is a member of the Maricopa County and the American bar associations. He has been a nationally certified civil trial advocate by the National Board of Trial Advocacy for over 15 years. Mr. Wilenchik is an Arizona Bar Foundation Fellow and was elected a Fellow to the American Board of Professional Liability Attorneys. He has served as a civil judge pro tem of the Superior Court, President of Maricopa County Bar Association Young Lawyers Division, board member of the Arizona Bar Journal, chairman of the Civil Trial Practice Committee, member of the Superior Court Civil Study Committee of the State Bar, and a member of the County Bar Judicial Evaluation Poll Committee.
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