Post Process

Everything to do with E-discovery & ESI

Case Blurb: Lorraine; Authenticating ESI under FRE 901(b)(9)–description of a system or process

Posted by rjbiii on September 19, 2007

Rule 901(b)(9) recognizes one method of authentication that is particularly useful in authenticating electronic evidence stored in or generated by computers.

It authorizes authentication by “[e]vidence describing a process or system used to produce a result and showing that the process or system produces an accurate result.”

This rule was “designed for situations in which the accuracy of a result is dependent upon a process or system which produces it.”

  • (References In Re Vee Vinhnee, 336 B.R. at 446 (“Rule 901(b)(9), which is designated as an example of a satisfactory authentication, describes the appropriate authentication for results of a process or system and contemplates evidence describing the process or system used to achieve a result and demonstration that the result is accurate. The advisory committee note makes plain that Rule 901(b)(9) was designed to encompass computer-generated evidence …”)).
  • (References Weinstein at § 901.12[3] (“Computer output may be authenticated under Rule 901(b)(9)…. When the proponent relies on the provisions of Rule 901(b)(9) instead of qualifying the computer-generated information for a hearsay exception, it is common for the proponent to provide evidence of the input procedures and their accuracy, and evidence that the computer was regularly tested for programming errors. At a minimum, the proponent should present evidence sufficient to warrant a finding that the information is trustworthy and provide the opponent with an opportunity to inquire into the accuracy of the computer and of the input procedures.”)).

Lorraine v. Markel Amer. Ins. Co., 241 F.R.D. 534 (D. Md. 2007)

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