Evidence plays a pivotal role in shaping the outcome of cases. One evidentiary ruling could affect the outcome of the case. Most relevant evidence is typically deemed admissible after a proper foundation has been established. Upon authentication, the Federal Rules of Evidence dictate the exclusion of hearsay evidence. In the digital age, electronically stored information (ESI) provides crucial evidence. ESI is any data stored or transmitted electronically, including emails, documents, images and messages. In 2006, the Federal Rules of Civil Procedure introduced e-discovery amendments, which formally defined ESI and recognized its discoverability.

These amendments encompass all forms of computer-based information and are designed to accommodate any changes or advancements in technology that may occur. Understanding the concept of hearsay and its application to ESI evidence is crucial for practitioners to navigate the complexities of evidentiary rules effectively.

The Three-Step Hearsay Test