Motion to exclude computer-generated evidence—Hearsay rule

Motion to exclude computer-generated evidence—Hearsay rule

Like any other record, a computer-generated document is not direct testimony by a witness as to his or her perceptions. Consequently, it is hearsay, and it is admissible only if there is a relevant exception to the hearsay rule.

The major exception used to admit computerized records is the business record exception. The Uniform Business Records as Evidence Act is a widely followed statement of this exception:

A record of an act, condition or event, shall, insofar as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of its preparation, and if it was made in the regular course of business at or near the time of the act, condition or event, and if, in the opinion of the court, the sources of information, method and time of preparation were such as to justify its admission.FN9

Since 1965, courts have generally found that this statement is broad enough to include computer-generated documents.FN10