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II. Electronic Evidence on Appeal

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   1. The Clerk of the Court shall preserve electronic evidence in the following manners:

   (a) the native form of the evidence shall be preserved as submitted with the bill of exceptions, pursuant to the existing rules of evidence;

   (b) the duplicate media storage device shall be preserved as submitted with the original form of the evidence with the bill of exceptions; and

   (c) the data stored on the accompanying storage device shall be transferred to the court’s server and stored with any electronic oral evidence. The server shall

   (i) possess an architecture structure to provide easy access to files and allow for easy determination of files eligible for purging;

   (ii) have adequate backup and disaster recovery procedures in place to protect the data; and

   (iii) convert documents on file as necessary to current forms of software so that any future data extracted from the server shall not be provided in an antiquated format.

   2. Upon request of a party or counsel, the court may provide, at such party’s or counsel’s expense, a copy of any electronic evidence, as well as any electronic oral evidence. Such evidence shall be provided in the format as preserved or on a storage device that is not antiquated by current technology standards.

This page was last modified on Sunday, November 11, 2012