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Computer Evidence: Collection and Preservation, Second Edition by Christopher L. T. Brown

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Summary

  • The FRE, the California Evidence Code of 1967, and the IBA Rules of Taking Evidence in International Commercial Arbitration are all documents governing the acceptance of evidence in courts.

  • Rule 34 of the FRCP allows for data to be translated into a reasonable form, if necessary.

  • The best evidence rule states that “to prove the content of a writing, recording, or photograph, the ‘original’ writing, recording, or photograph is ordinarily required.”

  • The FRE states that “if data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an ‘original.’”

  • The FRE even goes so far as to permit summaries of large volumes of evidence in the form of “a chart, summary, or calculation” ...

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