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RULES OF EVIDENCE FRE 401 and 402 relate to the relevancy, and thus admissibility, of evidence and FRCP Rule 26(b)(1) identifies the relevant information that can be obtained barring privilege. FRE 501 and 502 deal with protections for relevant information, while 502 also relieves some of the burden of privilege review.
FRE Rule 902(14) {codified December 1st, 2017}. Electronically copied data, if authenticated by a process of digital identification as shown by a certification of a qualified person, shall be deemed as Self-Authenticating evidence and admitted without extrinsic evidence of authenticity. Otherwise, a certification in the form of a written affidavit by a qualified person, capable of being a witness at trial, shall be required to establish authenticity. FRE 1002 relates to best evidence, and requires the production of the original or a satisfactory explanation for its exception. FRE Rule 1003. A duplicate is admissible to the same extent as the original unless a genuine question is raised about the original’s authenticity or the circumstances make it unfair to admit the duplicate. FRE Rule 1006. A summary may serve as substitute evidence so long as the underlying evidence is made available. FRCP Rule 26. Duty to Disclose governs what needs to be disclosed to the parties and court, and when this must occur. FRCP Rule 37(e) Failure to Preserve Electronically Stored Information. If electronically stored information that should have been preserved in the
anticipation or conduct of litigation is lost because a party failed to take
reasonable steps to preserve it, and it cannot be restored or replaced through
additional discovery, the court: The Frye standard is a general acceptance test to determine the admissibility of scientific evidence. Expert opinion based upon a scientific technique is admissible only where the technique is generally accepted as reliable in the relevant scientific community. |
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