Bray v. Bi-State Development Corp

In Bray v. Bi-State Development Corp., 949 S.W.2d 93, 97 (Mo. App. 1997), the court of appeals examined three guidelines, set forth by the Massachusetts Supreme Court in Commercial Union v. Boston Edison, 412 Mass. 545, 591 N.E.2d 165, 168 (Mass. 1992), to establish a foundation to authenticate computer-generated evidence: "(1) The computer is functioning properly; (2) The input and underlying equations are sufficiently complete and accurate (and disclosed to the opposing party, so that they may challenge them); (3) The program is generally accepted by the appropriate community of scientists." 949 S.W.2d at 97. While the court acknowledged that Commercial Union provides a helpful starting point to analyze questions of sufficiency of foundation, it did not adopt these guidelines or otherwise attempt to set forth a formula or fixed set of guidelines. 949 S.W.2d at 99.