On April 30, 2024, 65 legal professionals convened for a practical discussion on self-authenticating evidence and electronically stored information (ESI). Hosted by the Federal Bar Association, San Diego Chapter, the event featured U.S. District Judge Anthony J. Battaglia, Assistant U.S. Attorney Sabrina Fève, and Assistant Federal Defender Leila Morgan, who provided insights into ESI authentication and Rule 902 application in litigation.
The presenters particularly emphasized the necessity of meeting the certification requirements contained in FRE 902(11)-(14) for self-authenticating evidence. Attendees learned about the importance of providing written notice of intent to offer self-authenticating evidence and making the necessary records and certificates available for inspection. Presenters paired this theoretical discussion with their own actual examples of the required written notice of intent.
Still, presenters emphasized that attorneys do their best to minimize legalese when it comes to getting such evidence in front of jurors. They recommended strategies such as stipulations to expedite proceedings and minimize technical overload.
Attendees actively engaged in exchanges, discussing several real-world scenarios and the practical considerations of FRE 902 application. The MCLE materials for this event are available here.
The Federal Bar Association, San Diego Chapter, extends its appreciation to Judge Battaglia, Sabrina Fève, and Leila Morgan, for their contributions. Thanks also go to Vice President of Legal Education (Criminal) Armilla Staley-Ngomo for helping to organize the event. And, finally, thanks to all attendees for enriching the dialogue and fostering professional development within the San Diego legal community.