Section 21.73 Reliability

• Library: Evidence 2017

C. (§21.73) Reliability

Even if a piece of digital evidence is properly authenticated, its content must also be reliable for it to be admitted. E.g., Burns v. State, 426 S.W.3d 40, 42 (Mo. App. S.D. 2014) (“foundation issues aside,” an alleged text message from the victim to the witness was inadmissible hearsay). The reliability of non-statement digital evidence hinges on its accuracy—see §21.78, infra—while statement reliability is subject to hearsay analysis. Hearsay statements, or out-of-court statements...