What is the test for admitting or denying an item of evidence in a civil case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Iseda, 8 F.3d 32 (9th Cir. 1993):
If there is a reasonable probability that the item of evidence has not been changed in important respects, the district court may admit the evidence. See id. An important factor to consider is the likelihood of intermediaries tampering with the evidence. United States v. Dickerson, 873 F.2d 1181, 1185 (9th Cir.1988). If there is some evidence of tampering, the Government must show that acceptable precautions were taken to maintain the evidence in its original state. Id.
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