Full Disclosure mailing list archives

Re: RE: Tools accepted by the courts


From: "Eric Paynter" <eric () arcticbears com>
Date: Tue, 5 Jul 2005 15:33:40 -0700 (PDT)

On Tue, July 5, 2005 3:02 pm, pingywon said:
I have heard on more then one ocassion that Microsoft Event files (.evt)
are admissible.

Like anything, it depends a lot on the situation. It's a log file, so like
any log file, it must be relevant and have a clean chain of custody. For
anything more specific, it depends on your jurisdiction.

Here is a link to the US Federal Rules of Evidence that might provide
entertainment for some readers of this list:

http://expertpages.com/federal/federal.htm

Relevancy is defined in Article 4.

Log files are generally considered "records of a regularly conducted
activity", which is referenced in Rule 803(6). Note that Article 8 is
about hearsay. A log is hearsay, but Rule 803 defines the exceptions to
the inadmissibility of hearsay.

-Eric

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