EC-Council: Computer Hacking Forensic Investigator(CHFI-V10)
Module 1 : Computer Forensics in Today's World
         
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Note ID: 123

Rules 1002-1008 of the US Rules of Evidence


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Rule 1001: Rule 1001 defines the types of evidence (writing, recordings, and photographs) covered by the requirements, and defines what qualifies as an original or duplicate that is admissible under Rules 1002-1008.

Rule 1002: Requirement of Original ie. an original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise.

Rule 1003: Admissibility of Duplicates. A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original.

Rule 1004: Admissibility of Other Evidence of Contents. Basically the rule requiring the production of the original as proof of contents has developed as a rule of preference: if failure to produce the original is satisfactory explained, secondary evidence is admissible. The instant rule specifies the circumstances under which production of the original is excused.

Rule 1005: In essence, Rule 1005 facilitates the use of public records in court by allowing certified copies to stand in for originals. This rule states that a party can use a certified copy of an official record or a document filed in a public office to prove the content of that record. The copy must be certified as correct in accordance with Rule 902(4). The party can also testify to the correctness of the copy if they have compared it.

Rule 1006: Summaries to Prove Content. The proponent may use a summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court. An evidence summary is a short summary of the best available evidence on a defined question. It aims to help policymakers and practitioners use the best available evidence in their decision making about interventions.

Rule 1007: Lists, Schedules, Statements, and Other Documents; Time Limits. If a list, schedule, or statement, other than a statement of intention, is not prepared and filed as required by this rule, the court may order the trustee, a petitioning creditor, committee, or other party to prepare and file any of these papers within a time fixed by the court.

Rule 1008: Verification of Petitions and Accompanying Papers. Rule 1008 states that when the admissibility of evidence depends on whether it is an original or a duplicate, or whether a writing, recording, or photograph is an original, these issues are questions for the trier of fact to decide.



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