Edward Kang, with Kang Haggerty. Courtesy photo When Hearsay Meets ESI: Navigating Evidence Rules in the Digital Age
Understanding the concept of hearsay and its application to ESI evidence is crucial for practitioners to navigate the complexities of evidentiary rules effectively.
March 21, 2024 at 11:43 AM
8 minute read
Civil ProcedureEvidence plays a pivotal role in shaping the outcome of cases. One evidentiary ruling could affect the outcome of the case. Most relevant evidence is typically deemed admissible after a proper foundation has been established. Upon authentication, the Federal Rules of Evidence dictate the exclusion of hearsay evidence. In the digital age, electronically stored information (ESI) provides crucial evidence. ESI is any data stored or transmitted electronically, including emails, documents, images and messages. In 2006, the Federal Rules of Civil Procedure introduced e-discovery amendments, which formally defined ESI and recognized its discoverability.
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