Log In Create Account
Beta

Flashcards Studio

Practice bar questions and get clear AI feedback on every answer.

Question Type
Question Source
0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
Next

Question

In a criminal case for homicide, the People seek to admit a printed page extracted from a hospital's electronic medical record (EMR) log showing the times of patient entry and interventions for the victim. The original EMR is stored on a cloud server operated by a foreign data center and is temporarily inaccessible due to a maintenance window and data-transfer restrictions. A hospital IT staffer printed the relevant portion from the provider's web interface and certified that the printout faithfully reproduces the entries as of a specified timestamp. The defense objects on authenticity and on the operation of the best evidence rule, arguing that Uniformity of Evidentiary Rules under Rule 128 should not be bypassed. The trial court overrules, citing Uniformity of Evidentiary Rules under Rule 128, and admits the printout as secondary evidence. (a) Identify the doctrine and controlling rule on Uniformity of Evidentiary Rules. (b) Apply it to the facts: should the printed EMR log be admissible under the uniform evidentiary framework as secondary evidence, and what conditions must be satisfied for secondary evidence to prove the contents of the original when the original is unavailable? (c) If the printed EMR log is not admissible as offered, state the proper method to prove the contents of the log consistent with uniform rules.

Choose the Best Answer

Clara

Hello