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New Federal Rule, New E-Discovery Risks

, Daily Business Review

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Federal Rule of Evidence 902 regards evidence that is self-authenticating, outlining the types of documents that require no extrinsic evidence of authenticity for admission at trial. Examples of such evidence include records kept in the ordinary course of business, certified governmental records and published newspapers. On Dec. 1, an amendment to FRE 902 will add two additional subsections relevant to e-discovery and impactful for discovery strategy, writes Robert R. Jimenez.

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