Pennsylvania looks like it is on its way to adopting rules of evidence allowing “certified records generated by an electronic process or system” and “certified data copied form an electronic device, storage, medium or file” that are identical to Federal Rules of Evidence 902(13) and 902(14). The purpose of those rules, as is the purpose of those rules when they pertain to paper documents, is to allow into evidence digital evidence easily and at low cost, i.e., without having to bring in experts to authenticate that evidence. A review of the rules, however, suggests that inherent issues with regard to digital evidence may make it difficult, if not impossible, to apply the rules written for paper documents to digital evidence. This problem would suggest that the federal rules, already in place and of which Pennsylvania’s new rules will simply be copies, are plagued by the same problems.

The Rules

Pennsylvania wishes to introduce the following two rules as exceptions against hearsay:

  • Rule 902(13): Certified records generated by an electronic process or system.