Chapter 1 - § 1.7 • COMPUTER-GENERATED EVIDENCE

• Jurisdiction: Colorado

§ 1.7 • COMPUTER-GENERATED EVIDENCE

In recent times, the use of computers to generate evidence for use at trial has become far more prevalent. This evidence generally takes one of three forms:

1) Printouts of data that had been stored on a computer;
2) Illustrations, where a computer is used to generate images reflecting the testimony of a witness; and
3) Simulations, where data is input into a computer and the computer, using an accepted program, analyzes the data and generates a predicted outcome.

As the use of computer-generated evidence has evolved, courts have shaped rules to govern its admissibility.

§ 1.7.1—Computer Data

Most business records are maintained on computers. When these records are printed and used at trial, the resulting documents present a unique challenge, in that the manner in which the data is stored and produced in paper form can dictate the necessary foundation. If you offer a printout that merely reflects a retrieval of information, you can usually introduce the document by showing that the information stored represents a valid business record (satisfying the business records exception to the hearsay rule).

However, to the extent the retrieval has required manipulation of data, you will likely be required to establish the propriety of the method used to compile and retrieve the data. Material and relevant computer records are admissible under this exception if: (1) the computer entries are made in the regular course of business; (2) those participating in the record making were acting in the routine course of business; (3) the input procedures were accurate; (4) the entries were made within a reasonable time after the transaction involved; and (5) the information was transmitted by a reliable person with knowledge of the event reported. People v. Huehn, 53 P.3d 733, 736 (Colo. App. 2002) (ATM records derived from automatic recording were admissible under business records exception); People v. Marciano, 2014 COA 92 (where defendant obtained her own bank statements online from the bank's website and printed them for the detective investigating the case, trial court could take "judicial notice" of the bank statements as business records of the bank under this exception, based on the particular nature and trustworthiness of bank statements, but admission would violate the Confrontation Clause unless declarant was shown to be unavailable); see also Accutool Precision Machining, Inc. v. Denver Metal Finishing, 680 P.2d 861 (Colo. App...