How does evidence obtained through discovery become admissible in a business litigation case?

In a business litigation case in Washington, evidence obtained through discovery becomes admissible in court through a process called authentication. Authentication is the process of verifying the authenticity of evidence, such as documents or witness testimony, that is presented in court. During discovery, parties can request documents, records or other evidence from each other to support their claims. The evidence that is obtained through discovery must then be authenticated in order to be admitted in court during the trial. The authentication process requires that the evidence be identified and verified by a witness or, in some cases, an expert. This witness or expert must first testify that the evidence is related to the case. The witness or expert must also testify that the evidence is what it is purported to be and is not counterfeit or false. Additionally, the evidence must be authenticated by a process called “foundation proof.” This requires that the person presenting the evidence, the “proponent,” to prove that the evidence is reliable and that it has a proper chain of custody. For example, a proponent of a document must prove that the document was in the proper hands from its creation until the time of the trial and is a true and accurate copy of the original document. The authentication process of evidence obtained through discovery is an important part of a business litigation case. Without authentication, the evidence may be deemed inadmissible and could damage the credibility of the case.

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