Business Records made by Electronic, Optical, or Similar Means (AM 01-7-01-SC, Rule 8)

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1. Who may establish the Rule 8 foundation for electronic business records through testimony?
2. Which timing feature is material to the electronic business-record exception?
3. Under Rule 8, Section 2, what may overcome the stated business-record presumption?
4. A party offers a spreadsheet but supplies no custodian or qualified witness establishing regular business practice, kno…
5. A qualified custodian establishes contemporaneous entries from knowledgeable staff, regular retention in business, and …
6. A company's electronic ledger otherwise meets regular-business requirements. Reliable evidence shows that the data sour…
7. A party uses an affidavit to establish electronic-record admissibility and weight. The affiant gives competent firsthan…
8. Identify the principal Rule 8 foundation for electronic business records and explain why the mere existence of a spread…
9. Explain how a party may challenge an otherwise qualifying electronic business record under Rule 8, Section 2. Distingui…
10. A party proposes using affidavit evidence for electronic-record admissibility and weight under Rule 9. State the affian…
11. In a civil case, must the Rule8 sponsoring witness always be the individual who personally entered every record?
12. Does Rule8 cover qualifying compilations of conditions, opinions or diagnoses rather than transactions alone?