In December 2017 an amendment was made to Rule 902 Federal Rules of Evidence, specifically relating to the process for authenticating Electronically Stored Information (ESI). Until this amendment was passed, now included as subsections 13 and 14, litigants had to have any electronic evidence authenticated through trial testimony. This was an expensive process. While our company has taken on quite a bit of eDiscovery work, being asked to testify as an expert witness was rare due to the time and cost involved for litigants.
The new Subsection 14 reads: