Scholarly commentaries have long advocated the acceptance of these types of records. So the admission of computer records for use at trial is not a novel concept in modern jurisprudence. However, the admission of such electronic records has not been and is not now rendered automatic simply by reason of the electronic form in which they were created or are maintained. Fisch , 833. Thus, a proper foundation must be established as a prerequisite to admission into evidence of an electronic business record.
Electronic records are also subject to voir dire at trial to ensure that their admission is proper.
Therefore, the codification of the present evidentiary rule on the admissibility of electronic records signals little change in our evidentiary standards, but ensures that the courts will more easily recognize the usefulness of this form of information. Opinions expressed are those of the Committee preparing this report and do not represent those of the New York State Bar Association unless and until they have been adopted by its House of Delegates or Executive Committee.