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E-Discovery: Streamlining the Admissibility of ESI: Amendments to Federal Rule of Evidence 902

The new provisions of F.R.E. 902 bring the rule into the digital age, streamlining the process of authenticating electronically stored information and admitting it into evidence.

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Generally speaking, the Federal Rules of Evidence require evidence to be authenticated before it can be admitted. Typically evidence is authenticated by some form of extrinsic proof sufficient to support a finding that the evidence is what the proponent claims it is. Often that proof comes in the form of a witness who can verify the evidence through testimony.

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