Legal Question in Legal Ethics in Maryland
I am required, as a Professional Land Surveyor, to keep records of all my field work. Traditonally in the past this was done in a "field book", recording data in the book with a pencil, making corrections by strikeout and not by eraser. The purpose, as explained to be by counsel, is to make these records admissable in court should a dispute arise.
Question: with the advent of modern technology, are printouts of electronic data files, both raw and final processed, acceptable as a replacement of the traditional hand written field notes as evidence in court to document the work performed?
1 Answer from Attorneys
Hello. As I see it, your question has two components. First, what form of documentation / retention of original data is customary and reasonable for a licensed land surveyor in this state. That unfortunately an attorney is ill suited to answer and really is better answered by your peers in the field. Second, the legal question as to whether electronically created field notes, etc. are admissible. Yes, so long as your records are kept in the ordinary course of business, made at or near the time of data collection, etc. and you can certify them as such, I don't see why one would have any problem with authenticity or admissibility under the rules of evidence in this state.
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