When oral admission as to contents of electronic records are relevant

Oral statements about the contents of electronic records are not treated as relevant evidence. They are not admissible to prove what a digital file contains unless the genuineness of the electronic record produced is questioned. If the record’s authenticity is challenged, the oral admission may then be considered.

Priya tells the court that an email on her phone said she agreed to pay rent. Her spoken claim about the email’s contents is not relevant evidence unless someone challenges whether the email on the phone is genuine. If genuineness is disputed, her oral statement may be considered to show the contents.