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Question
Lender sues Founder on a personal guarantee after Startup defaults. Founder denies being present when the guarantee was signed and says an electronic access log was altered. Lender offers a GPS report from a company vehicle showing the vehicle at Lender's office at 8:58 a.m., a building access log showing Founder's badge entering at 9:02 a.m., and a hash-value certification from a forensic technician stating that the access-log export is an exact copy of the file on the building server.
Lender also offers the signed guarantee, which includes the signature of Notary as a subscribing witness. Founder argues that Notary must testify in person to authenticate the guarantee because Notary signed the document. The guarantee is not a will, deed, or other writing for which governing substantive law requires attestation.
How should the court analyze authentication of the GPS report, access log, forensic certification, and signed guarantee? Discuss process or system evidence, electronic-data self-authentication, machine output, and the subscribing-witness rule.