Re: Problems With Moving To Electronic Records?

Jerry:  Take a look at Rule 1003 of the Federal Rules of Evidence, 
which provides as follows:

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.

Obviously, there may be a problem with admissibility in state 
proceedings if the state in question retains the traditional rule.  My 
sense is that most states have jettisoned the traditional rule and 
have adopted something like Rule 1003.  

Of course, I'm a tax and business lawyer, so what do I know.

On 13 Jul 2004 at 12:16, Jerry Lawson wrote:

> I'm advising a financial organization that plans to scan in paper loan
> files and convert them all (except the initial signed application) to
> PDFs.
> 
> Does anyone have any experience with the legal ramifications that
> could arise from this?  For example, would we have problems with using
> the PDF files as evidence in fraud prosecutions?
> 
> Where could I learn more about these issues?
> 
> Jerry Lawson
> http://www.netlawblog.com
> 
> 
> 
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> There is a read/write Web page with resources that will be linked
> there and used during the Seminar on PDFs for lawyers and legal
> applications:
> 
> http://Network-Lawyers.org/PDFLinks
> 
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> Yahoo! Groups Links
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********************************************
Stuart Levine
Fisher & Winner, LLP
315 North Charles Street
Baltimore, Maryland 21201
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There is a read/write Web page with resources that will be linked there and used during the Seminar on PDFs for lawyers and legal applications:

http://Network-Lawyers.org/PDFLinks

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