CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Computer-Generated Evidence
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Business Records
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Foundation Issues
............Reliability of Hardware & Software
6 Cards On This Topic:
Computerized data retrieval properly admitted even though custodian unfamiliar with software or hardware; custodian's qualifications discussed.
Court properly took judicial notice that IBM is a standard reliable computer.
Distinction made between business record computer programs performing compilations and those doing complex calculations. Where merely compilations, computer program of little importance.
Proof of computer reliability not required if other requirements of business records exception met.
If other requirements of business records exception met, may introduce computer-generated evidence without supplying technical information about computer or program. Reliability assumed from use.
Restrictive test for admission of computer-generated records; original source of computer program must be delineated, and procedures for input control, including tests used to assure accuracy and reliability, must be presented.