New Evidence Rules for Electronically-Generated Information: Self-Authentication, Scope and Usefulness

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, April 17, 2019

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will guide litigators on the new Federal Rules of Evidence (Rules 902(13) and (14)) governing the admissibility of electronically-generated information. The panel will discuss the scope of these Rules as well as how to obtain the certification necessary for self-authentication for the applicable records.

Description

It is no secret that digital and electronically-generated records have permeated all levels of litigation--from text message logs to GPS location information stored in photographs. This shift to new formats of evidence has created uncertainty for attorneys and judges alike regarding issues of admissibility and authentication.

As of Dec. 1, 2017, two new Federal Rules of Evidence went into effect: Rule 902(13), covering certified records generated by an electronic process or system, and Rule 902(14), covering certified data copied from an electronic device, storage medium or file. Both Rules are located in Federal Rule of Evidence 902, which means that these types of evidence can now be "self-authenticating"-- resulting in considerable savings of both time and expense for attorneys.

Because digital information is playing an increasingly important role in both civil and criminal cases, it is critical that attorneys understand how to use these new Rules.

Listen as our distinguished panel discusses how to navigate these new Federal Rules of Evidence and how they will effect authentication of computer-generated documents to be admitted at trial. The panelists will discuss the scope of these Rules, what types of evidence they govern, and best practices for ensuring that the evidence in question is admitted at trial.

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Outline

  1. Overview of Federal Rules of Evidence 902(13) and (14)
  2. Purpose and scope of new Rules
  3. Types of evidence covered by Rules 902(13) and (14)
  4. Best practices for self-authentication and admissibility of electronically-generated evidence

Benefits

The panel will review these and other relevant topics:

  • What types of evidence are governed by Federal Rules of Evidence 902(13) and (14)?
  • What are common types of electronically-generated evidence that appear in civil and criminal litigation?
  • How can records become self-authenticating under Federal Rules 902(13) and (14)?

Faculty

Cohen, David
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

Wilenchik, Dennis
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

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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