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- Chapter 28 Authentication of Writings: Fre 901-903
§ 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.45 If 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.
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- Chapter 28 Authentication of Writings: Fre 901-903
- §28.01 INTRODUCTION
- § 28.02 GENERAL RULE: FRE 901(A)
- § 28.03 WITNESS WITH KNOWLEDGE: FRE 901(B)(1)
- § 28.04 NONEXPERT OPINION ON HANDWRITING: FRE 901(B)(2)
- § 28.05 COMPARISON BY TRIER OR EXPERT: FRE 901(B)(3)
- § 28.06 DISTINCTIVE CHARACTERISTICS: FRE 901(B)(4)
- § 28.07 PUBLIC RECORDS AND REPORTS: FRE 901(B)(7)
- § 28.08 ANCIENT DOCUMENTS: FRE 901(B)(8)
- § 28.09 PROCESS OR SYSTEM: FRE 901(B)(9)
- § 28.10 STATUTE OR RULE METHODS: FRE 901(B)(10)
- § 28.11 SELF-AUTHENTICATING DOCUMENTS: FRE 902
- § 28.12 SUBSCRIBING WITNESSES: FRE 903
- § 28.13 KEY POINTS
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