According to the Federal Rules of Evidence, ________ is a statement other than one made by the declarant while testifying at the trial or hearing offered in evidence to prove the truth of the matter asserted
Fill in the blank(s) with the appropriate word(s).
Answer: Hearsay. Digital evidence can be categorized as hearsay, but this is not always the case. In State v. Armstead, digital evidence is not hearsay when it is "the by-product of a machine operation which uses for its input ‘statements' entered into the machine" and was "was generated solely by the electrical and mechanical operations of the computer and telephone equipment." Therefore, under Rule 803(6) of FRE, digital evidence that is conducted in the "regular practice of that business activity" is not hearsay.
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