Is a witness required to prove the accuracy, maintenance and reliability of computer hardware and software?

California, United States of America


The following excerpt is from People v. Hendrix, C085525 (Cal. App. 2019):

are presumed to be accurate. Thus, a witness with the general knowledge of an automated system may testify to his or her use of the system and that he or she has downloaded the computer information to produce the recording. No elaborate showing of the accuracy of the recorded data is required. Courts in California have not required 'testimony regarding the " 'acceptability, accuracy, maintenance, and reliability of . . . computer hardware and software' " in similar situations. [Citations.]" (People v. Dawkins (2014) 230 Cal.App.4th 991, 1003.) "The rationale is that while mistakes may occur, such matters may be developed on cross-examination and should not affect the admissibility of the printout or recording of the data itself." (Ibid.)

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