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| Date: | Fri, 19 Apr 2013 14:42:39 -0400 |
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Bill Millican wrote:
> Are there states that specifically disallow the use of scanned images of
> documents. The specific types of documents in question (if this is
> applicable) are employee records, I-9s, NDA's, Employment Applications,
> Background Checks and so forth.
The Digital Signatures in Global and National Commerce Act, signed into
law in 2002, expressly forbids disallowing records as evidence solely
because they are electronic. It also preempts any state law to the
contrary. So, assuming that the records are otherwise admissible as
business records or as some other exception to the hearsay rule, the
images are admissible as evidence. There are a very small handful of
exceptions provided for by the act but none are normal business records.
Best regards,
John
John Montaņa
Montaņa & Associates
29 Parsons Road
Landenberg Pennsylvania 19350
610-255-1588
484-653-8422 mobile
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www.montana-associates.com
twitter: @johncmontana
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