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May 20, 2021


By: Joshua Sohn, Nadia A. Zivkov

Beginning as early as the 1970s, courts have stressed the need to reform the Federal Rules of Evidence to address the unique admissibility issues presented by computer-generated information. This was due to the fact that computer-generated evidence was thought to present risks of introducing erroneous, misleading or unreliable evidence.[22] Additionally, Congress is clearly willing to address the admissibility issues imposed by ESI. Today, courts continue to recognize that "email records are categorically distinct ... and raise unique issues," as the Southern District of New York noted in a February ruling in U.S. v. Weigand.

In this Law360 Expert Analysis Josh Sohn and Nadia Zivkov examine admissibility issues surrounding ESI and potential changes to the Federal Rules of Evidence to catch up with how people are communicating.

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