Objectors often challenge the admission of digital evidence on the ground of ‘hearsay’.
Digital evidence is not necessarily ‘hearsay’ like documentary evidence.
When digital evidence is not offered as proof of out of court statements, it is not hearsay.
Proponents of digital evidence seek its admission into evidence as testimony relying on ‘business records exception’ to ‘hearsay’. Business data compilation or recording in the ordinary or usual course of business may be admissible as ‘business records exception’.
Where digital evidence does not strictly conform to any of the other exceptions to ‘hearsay’ but nevertheless have comparable guarantees or trustworthiness, it is admissible under the residual exception of Rule 807 of the Federal Evidence Act.
