I came across an invaluable blog the other day written by Mr. Craig Ball. In his blog, he covers everything from e-discovery to interviews with legal thought leaders and I’m extremely glad that I happened upon it. Before we get into the E-admissibility chart he shared let’s review Federal rule 1001.
Federal Rules of Evidence, Rule 1001
(a) A “writing” consists of letters, words, numbers, or their equivalent set down in any form.
(b) A “recording” consists of letters, words, numbers, or their equivalent recorded in any manner.
(c) A “photograph” means a photographic image or its equivalent stored in any form.
(d) An “original” of a writing or recording means the writing or recording itself or any counterpart intended to have the same effect by the person who executed or issued it. For electronically stored information, “original” means any printout — or other output readable by sight — if it accurately reflects the information. An “original” of a photograph includes the negative or a print from it.
(e) A “duplicate” means a counterpart produced by a mechanical, photographic, chemical, electronic, or other equivalent process or technique that accurately reproduces the original.
This rule is referenced by many to do away with the “Best Evidence Rule”. Rather than the old requirement of the original, you can see that a copy or equivalent is perfectly acceptable. This is particularly important when it comes to E-admissibility.
Returning to Craig Ball’s blog, in a post he published on 04/18, he touches on this very subject. In that post, Craig gives accolades to Paul Grimm and Kevin Brady on the e-admissability chart they created (linked below). Judge Grimm is a United States District Judge for the District of Maryland, with multiple awards and notable cases under his belt. Mr. Brandy is of counsel at Redgrave LLP and an e-discovery expert. The chart discusses the best evidence rule, in addition to hearsay exemptions, relevance, and document authentication.
This chart is not only impactful for those traversing e-admissability matters but a much-needed guide created by industry experts.