Record the appearance and circumstances that may identify an electronic item
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the item the lawyer has marked, record its appearance, contents, substance, internal patterns, and any other distinctive characteristics, together with the circumstances the lawyer has noted. Record that these are one example of evidence that can satisfy Rule 901, not a complete list, and that the proponent must still produce evidence sufficient to support a finding that the item is what the proponent claims it is. Do not decide that the item is authentic. Do not infer a sender, a time, or a destination that is not on the item or in the lawyer's note.
- What the lawyer must review
- The lawyer decides authenticity. Rule 901(a) states the requirement. Rule 901(b)(4) gives, as an example only, the appearance, contents, substance, internal patterns, or other distinctive characteristics of the item, taken together with all the circumstances. The examples are not a closed list. The tool copies what is on the item and what the lawyer has noted. It does not find that the item is authentic.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Preserve original files and relevant metadata. Document provenance and handling, and seek forensic review where authenticity needs to be resolved.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.