Introducing Computer Records into Evidence
John Day posted on Day on Torts this morning about the admissibility of computerized records at trial. According to this law.com article mentioned in the post, a new 9th Circuit Bankruptcy Appellate Panel opinion ups the ante for the testimony required to authenticate and admit computer records. Specifically, the 9th Circuit's decision in In re: Vinhnee, 2005 WL 3609376 (B.A.P. 9th Cir. Dec. 16, 2005) would appear to require more than the traditional proof that the records are kept contemporaneously in the ordinary course of business. Instead, the courts appear to be moving toward requiring competent foundational testimony regarding how the computer hardware and software maintains the data.
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