It's The End Of Authentication (Of ESI) As We Know It

Amendments to Federal Rules of Evidence 803 and 902 will become effective on Dec. 1 and will "govern in all proceedings thereafter commenced and, insofar as just, all proceedings then pending."

We previously analyzed the changes to the hearsay exception for ancient documents (FRE 803(16)), and here focus on amendments concerning the self-authentication of evidence generated by electronic processes or systems (FRE 902(13)) and self-authentication of data copied from an electronic device, storage medium or file (902(14)). In short:

• The intent of these amendments is to streamline authentication of electronic evidence through pretrial certification processes intended to minimize the need for testimony by a foundation witness.