Statute for verification of authenticity of ESI records?

Question

When ESI records are requested not limited to email communication, what statutes for verification of authenticity of records are in relevance?

James L. Arrasmith · Answer

This question relates to the authentication of electronically stored information (ESI) records in California legal proceedings. Here's a concise overview of the relevant statutes: 
 
1. California Evidence Code Section 1400-1402: These sections provide general rules for authentication of writings, including electronic records. 
 
2. California Evidence Code Section 1552: This statute specifically addresses the authentication of printed representations of computer information or computer programs. 
 
3. California Civil Code Section 1633.1-1633.17 (Uniform Electronic Transactions Act): This act provides guidelines for the use and admissibility of electronic records and signatures. 
 
4. Federal Rules of Evidence 901 and 902: While not California statutes, these federal rules are often referenced in state courts and provide methods for authentication of electronic evidence. 
 
5. California Code of Civil Procedure Section 2031.280: This section discusses the production of ESI in its native format or a reasonably usable form. 
 
For email communications specifically, additional considerations may apply under the California Electronic Communications Privacy Act (CalECPA). 
 
To ensure proper authentication, parties typically need to establish the origin, accuracy, and integrity of the ESI records. This may involve providing metadata, using hash values, or testimony from qualified witnesses.

Q: Statute for verification of authenticity of ESI records?