Record a process-or-system showing and any electronic certification route
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the description the lawyer has marked, record that one example under Rule 901 is evidence describing a process or system and showing that it produces an accurate result. Record, separately, that a record generated by an electronic process or system, and data copied from an electronic device, storage medium, or file, may be certified by a qualified person under Rule 902(13) or 902(14), with the notice Rule 902 requires. Do not decide that the showing is sufficient. Do not prepare the certification.
- What the lawyer must review
- The lawyer decides authenticity. Rule 901(a) requires evidence sufficient to support a finding that the item is what the proponent claims. Rule 901(b)(9) is an example only, not a closed list: evidence describing a process or system and showing that it produces an accurate result. Rule 902(13) covers a record generated by an electronic process or system that produces an accurate result, shown by a certification that complies with Rule 902(11) or (12), plus the notice in Rule 902(11). Rule 902(14) covers data copied from an electronic device, storage medium, or file, authenticated by a process of digital identification, with the same certification and notice. Rules 902(11) and 902(12) were not opened beyond those cross-references, so the certification wording is not supplied. The tool does not prepare a certification and does not decide authenticity.
- 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
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- 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.