Electronic Evidence: Computer Produced Records in Court Proceedings

The four conditions precedent provided for therein, the last one being that the copy of the entry offered in evidence is a true copy of what is in the record, have to be proven to the satisfaction of the trial Judge. [...] The nature and quality of the evidence put before the Court has to reflect the facts of the complete record-keeping process - in the case of computer records, the procedures and processes relating to the input of entries, storage of information and its retrieval and presentation: see Transport Indemnity Co. [...] [59] The effect of such a legislative approach to the foundation evidence of computer printout admissibility is to place upon the adducing party an onus to demonstrate the reliability of the record-keeping system, instead of placing an onus upon the opposing party to disprove reliability once the adducing party has adduced some evidence of records made in the "usual and ordinary course of business. [...] Given the context of trial court discretion, the probability of carrying that burden approaches zero.[28] [72] The shift of the disagreement between the circuits to the domain of probative value can be described as a pragmatic movement to resolve the dilemma raised by the doctrinal confrontation of necessity and reliability - as a reconciliation between the two pre-Rules lines of cases that reflec. [...] In determining the admissibility and weight of records produced by computers regard shall be had to the circumstances of the making of the records including the following factors: - Sources of Data and Information -- The sources of data and information recorded in the databases upon which the record is based.