Practice question
A civil litigant electronically scans a narrative first created solely for litigation and establishes no regular practice of making that narrative or knowledgeable contemporaneous source. It argues scanning retroactively creates the Rule8 foundation. Which is correct?
- Electronic or optical conversion alone does not establish the original recordmaking requirements
- Every scanned narrative automatically becomes a regular business record
- Only the scan resolution matters
- A PDF file eliminates all hearsay concerns
- The scanner’s brand establishes source knowledge
Legal references
- A.M.01-7-01-SC, Rules on Electronic Evidence, Rules2,8 and9, civil proceedings: https://lawphil.net/courts/supreme/am/am_01-7-01_sc_2001.html
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