2010 Rules of Procedure for Municipal Election Contests

Section 1

An electronic document or data shall be regarded as the equivalent of an original document under the Best Evidence Rule if it is a printout or an output readable by sight or other means and shown to reflect the data accurately.

Section 2

When a document is in two or more copies executed at or about the same time with identical contents, or is a counterpart produced by the same impression as the original, or from the same matrix, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent techniques that accurately reproduce the original, such copies or duplicates shall be regarded as the equivalent of the original. Notwithstanding the foregoing, copies or duplicates shall not be admissible to the same extent as the original if: a) a genuine question is raised as to the authenticity of the original; or b) under the circumstances, it would be unjust or inequitable to admit the copy in lieu of the original.

Section 3

All matters relating to the admissibility and evidentiary weight of an electronic document may be established by an affidavit stating facts of direct personal knowledge of the affiant or based on authentic records. The affidavit must affirmatively show the competence of the affiant to testify on the matters contained therein. The affiant shall be made to affirm the contents of the affidavit in open session and may be cross-examined as a matter of right by the adverse party.