Thus, cost shifting the expense of production may become an issue. Requiring the requesting party to bear costs of having expert make copy of defendant s hard drive. Refused to protect a litigation database as work product. E. Authentication Courts have relaxed the rules significantly when dealing with electronic evidence, reasoning that the quality and reliability of the computer, the programs, and the data put into the system go to the weight, and not the admissibility of the evidence. Court admitted telephone bills with only telephone company employee testifying to the general reliability of the process for generating bills.
All electronic information is considered hearsay under the Rules of Evidence.
However, it can be admitted under an exception, and often is admitted by courts under the business records exception. Business Records Gibbs v. Inter-office memorandum considered business record because witnesses established that it was the insurance company s regular practice to prepare such memorandum. Computer data consisting of a compilation of IRS taxpayer data admissible as official records. Certain documents produced by government agencies and organizations are required to be preserved under 44 U.S.C. 2101 et seq.