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FRE 902(13) and (14): Self-Authentication of ESI, Best Practices From Sedona Commentary on Admissibility

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, February 13, 2024

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, January 19, 2024

or call 1-800-926-7926

This CLE webinar 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.


Virtually all records used to prove or defend claims are now in digital form: created, stored, and accessed electronically. For the longest time, attorneys and judges grappled with efficiently authenticating ESI without the need to haul into court multiple foundational witnesses, including forensic experts.

Federal Rules of Evidence 902(13) and (14) now allow two more categories of ESI to "self-authenticate" if certain conditions are met. A qualified person must certify that the record was generated by an electronic process or system that produces an accurate result or that the record was copied from such an electronic device, storage medium, or file.

All litigators should know what this certification requires and who is qualified to provide it. There may also be times to challenge certification. State courts have begun passing their own versions of these rules and how to get the certification of ESI produced by third parties may be problematic.

Listen as our experienced panel discusses applying FRE 902(13) and (14) to admit ESI at trial, practical tips for certification, and examples of relevant documents. The panelists will discuss the scope of the rules and offer best practices for ensuring that ESI is admissible.



  1. Overview of Federal Rules of Evidence 902(13) and (14)
  2. Purpose and scope of rules
  3. Evidence subject to Rules 902(13) and (14)
  4. Best practices for self-authentication and admissibility of ESI
  5. The "Sedona Conference Commentary on ESI Evidence and Admissibility"


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)?


Honecker, Kathryn
Kathryn A. Honecker, Esq.

Lewis Brisbois Bisgaard & Smith

Ms. Honecker is a partner in the Phoenix office of Lewis Brisbois and a member of the Class Action & Mass Tort and...  |  Read More

Kang, Edward
Edward T. Kang

Managing Member
Kang Haggerty

Mr. Kang devotes his practice to business litigation and other litigation involving business entities. Rated AV...  |  Read More

Kovalsky, Kandis
Kandis L. Kovalsky

Kang Haggerty

Ms. Kovalsky's practice focuses on a broad range of high stakes complex commercial and business-related civil...  |  Read More

Attend on February 13

Early Discount (through 01/19/24)

Cannot Attend February 13?

Early Discount (through 01/19/24)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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