Addressing foundation requirements for computer-generated records under IRE 902(12)

Rules of Evidence

By Gino L. DiVito

Gino L. DiVito previously served as a justice of the Illinois Appellate Court and is now a partner in the Chicago law firm of Tabet DiVito & Rothstein LLC. He serves on the Supreme Court Committee on Illinois Evidence and is the author of The Illinois Rules of Evidence: A Color-Coded Guide.

Posted April 1, 2021 11:53 AM

Illinois Rule of Evidence 902(12), which provides for the certification of computer-generated records, was codified effective Sept. 28, 2018. Before its codification, the admission of such records required the in-court testimony of a witness with knowledge concerning the electronic process involved. Since the rule’s codification, however, although an in-court witness may still lay the foundation for the admission of such records, a proper certification by a witness with knowledge suffices as an adequate substitute for an …

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