CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Computer-Generated Evidence
......Notice Requirements
6 Cards On This Topic:
  • Government well advised that notice of intention to use computer data should be given well in advance if it is admissible and to be used at trial
  • When government uses highly sophisticated scientific evidence involving time consuming and expensive laboratory tests, D must be given time and means to make similar tests.
  • Government should make information needed for cross-examination of computer witnesses available to defense a reasonable period before trial.
  • Opposing party should be given notice of intention to rely on computer-generated evidence and opportunity to accuracy of computer and input procedures used.
  • Failure to give notice of computer methodology and data justifies granting of new trial.
  • Computer simulation evidence properly admitted despite lack of notice; adequate opportunity for cross-examination given.