Chart on the Admissibility of Electronic Evidence
A chart on the admissibility of electronic evidence developed by Judge Paul Grimm of the United States District Court for the District of Maryland and Kevin Brady of Redgrave LLP has been passed around in recent days. It was posted on Craig Ball's site on April 18, 2018.
It identifies authentication methods under Federal Rules of Evidence 901 and 902 for six different types of electronic evidence - emails & texts; chat room and blog posts; digitally stored data & the IoT; animations and computer processes; digital photos; social media postings.
Certified records; testimony by a witness with personal knowledge; and a "system or process capable of proving a reliable and dependable result", can be used for all six forms of evidence.
Official publications are permitted for chat room and blog posts; digital data; animations and computer processes; photos; and social media posts. Certified data copied from an electronic device is acceptable for for all forms of evidence except computer process and animations.
Under FRE 902, a certified record generated by an electronic process or system, or certified data copied from an electronic device, storage medium, or file is self-authenticating.
The importance of good information governance and data collection is emphasized, as is the explanation of technical issues to the court.