An e-discovery lawyer is not an IT specialist. Admittedly, lines often blur for many attorneys due to familiarity with measures for preserving, collecting, processing and producing electronically stored information (ESI). There is, however, a difference between understanding the law of e-discovery and applying advanced technical concepts. Lawyers who walk the tightrope of advocacy and forensics may need to reconsider their strategy because forthcoming changes to the Federal Rules of Evidence could impact actions they often take on behalf of clients, especially in smaller matters.
Federal Rule of Evidence 902 regards evidence that is self-authenticating, outlining the types of documents that require no extrinsic evidence of authenticity for admission at trial. Examples of such evidence include records kept in the ordinary course of business, certified governmental records and published newspapers. On Dec. 1, an amendment to FRE 902 will add two additional subsections relevant to e-discovery and impactful for discovery strategy.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
