United States v. Penn

568 F.Supp 3d 1135 (2021)

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Facts

Penn (Ds) were indicted for anticompetitive practices in violation of the Sherman Act. P sought permission to introduce a whole lot of emails from many many different parties and to prove the authenticity of their contents. P sought certification under 902(13). Ds oppose P's intent to use self-authenticating evidence, arguing that the government has not provided them with a fair opportunity to challenge the certifications because the government filed its notice to self-authenticate millions of documents 25 days before trial and the various certifications are signed by individuals who are not qualified. P argues that the contents should be deemed authenticated and admissibility can be determined on a case-by-case basis.

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