CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Computer-Generated Evidence
......Business Records
.........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.