Extract from John Patzakis’ article “Rule of Evidence 902(13)(14) Update: States Begin Adoption, First Case Citations”
Federal Rule of Evidence 902(13)(14) is now in effect and is already significantly impacting computer forensics and eDiscovery collection practices. We are now seeing multiple case citations of FRE 902(13)(14) in published court documents, and several states adopting the rule. Baker Hostetler, a prominent AMLaw 100 law firm, recently weighed in, stating that amended Rules 902(13)(14) “may incentivize parties to more aggressively challenge authenticity where it is apparent that an opponent is unable to make the pretrial certification envisioned by the amendments.” There is now at least one case example fulfilling that prediction.
