90.902(11), unless the sources of information or other circumstances show lack of trustworthiness. “A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinion, or diagnosis, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity and if it was the regular practice of that business activity to make such memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, or as shown by a certification or declaration that complies with paragraph (c) and s. And the hearsay rule provides for this business records exception: Wherever the word “writing” appears in the Florida Statutes, replace it with the phrase “computer file.”īut, does the Florida Evidence Code agree? Yes, the best evidence rule says: “If data are stored in a computer or similar device, any printout or other output readable by sight and shown to reflect the data accurately is an ‘original.’” F.S. Well, that must mean whatever is stored on my computer is a “writing” as long as I can print it out. The word ‘writing’ also includes information which is created or stored in any electronic medium and is retrievable in perceivable form.” F.S. In construing these statutes and each and every word, phrase, or part hereof, where the context will permit…he word ‘writing’ includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. The lawyer in me began research in the Florida Statutes and found that the Florida Legislature got to the digital age before I did: If you ever needed to defend your work in court, would the electronic files be admissible? But, the lawyer in you quickly points out your files are the best evidence of the work you did and are the business records you maintained contemporaneously with doing the work. You think of the savings in office space rent and closed box storage fees. So, you scanned all the papers in those client files of yours, converting them into electronic files on your computer, and now you wonder if you can shred all that paper. In Practice: May I shred my scanned paper files?
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