Tag Archives: FRE 803(16)

It’s the End of Authentication (of ESI) as We Know It

Photo of Carey BusenBy Carey Busen on Posted in ESI
Amendments to Federal Rules of Evidence 803 and 902 will become effective on Dec. 1 and will “govern in all proceedings thereafter commenced and, insofar as just, all proceedings then pending.” We previously analyzed the changes to the hearsay exception for ancient documents (FRE 803(16)), and here focus on amendments concerning the self-authentication of evidence … Continue Reading

‘Ancient’ Data (and Documents): Prepare for Federal Changes to a Long-standing Hearsay Exception

Photo of Carey BusenPhoto of Gilbert S. KeteltasBy Carey Busen and Gilbert S. Keteltas on Posted in E-Discovery Rules
Unbeknownst to many, changes to the Federal Rules of Evidence governing the hearsay exception for ancient documents (FRE 803(16)), and additional rules governing self-authentication of evidence generated by electronic processes or systems (FRE 902(13)) and self-authentication of data copied from electronic sources (902(14)), are slated to become effective in 2017. These proposals are intended to … Continue Reading
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