§ 28.09 Process or System: FRE 901(b)(9)

• Jurisdiction: North Carolina

§ 28.09 Process or System: FRE 901(b)(9)

Evidence describing a process or system used to produce an accurate result suffices to authenticate evidence derived from that process or system—e.g., computer-generated documents.⁴² Since Rule 901 is not limited to writings, this provision may also be used to authenticate sound recordings,⁴³ X rays,⁴⁴ and surveillance camera photographs.⁴⁵If the process or system is not an appropriate subject of judicial notice,⁴⁶ expert testimony may be required to establish its accuracy.⁴⁷

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Notes:

^[42] Fed. R. Evid. 901 advisory committee's note (The rule "is designed for situations in which the accuracy of a result is dependent upon a process or system which produces it. X rays afford a familiar instance. Among more recent developments is the computer. The rule does not, of course, foreclose taking judicial notice of the accuracy of the process or system.").

^[43] See supra § 27.07 (discussing sound recordings).

^[44] See supra § 27.02[B] (discussing silent witness theory).

^[45] E.g., United States v. Taylor, 530 F.2d 639, 641-42 (5th Cir. 1976) (surveillance camera photographs). See supra § 27.02 [B] (silent witness theory).

^[46] See Fed. R. Evid. 201 (judicial notice). See infra chapter 44 (judicial notice).

^[47] Fed. R. Evid. 702 (expert testimony). See supra chapter 24.