Philadelphia Bar Association Resolution Approving the Submission of Comments to the Supreme Court of Pennsylvania Committee on Rules of Evidence Supporting the Adoption of Proposed Rules of Evidence 902(13) and 902(14)

WHEREAS, the Supreme Court of Pennsylvania Committee on Rules of Evidence has proposed the adoption of Pennsylvania Rules of Evidence 902(13) and 902(14) and has issued a Notice of Proposed Rulemaking soliciting comments, suggestions or objections from interested parties prior to submission of the proposal to the Supreme Court; and

WHEREAS, proposed Rule 902(13) establishes a procedure by which records generated by an electronic process or system that produces an accurate result may be authenticated by use of a certification rather than through the live testimony of a foundation witness; and

WHEREAS, proposed Rule 902(14) establishes a procedure by which data copied from an electronic device, storage medium or file may be authenticated by use of a certification rather than through the live testimony of a foundation witness; and

WHEREAS, proposed Rules 902(13) and 902(14) are identical to Federal Rules of Evidence 902(13) and 902(14), bringing Pennsylvania state court practice into conformity with federal court practice,

NOW, THEREFORE, BE IT RESOLVED that the Board of Governors approves the submission of a comment letter to Supreme Court of Pennsylvania Committee on Rules of Evidence representing the position of the Philadelphia Bar Association supporting the adoption of proposed Pennsylvania Rules of Evidence 902(13) and 902(14) and authorizes the Chancellor or the Chancellor’s designee to take such other action as may be appropriate to effectuate this resolution.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: February 28, 2019