Category: ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS

RULE 1008. FUNCTIONS OF THE COURT AND JURY Ordinarily, the court determines whether the proponent has fulfilled the factual conditions for admitting other evidence of the content of a writing, recording, or photograph under Rule 1004 or 1005. But in a jury trial, the jury determines — in accordance with Rule 104(b) — any issue…

RULE 1007. TESTIMONY OR STATEMENT OF A PARTY TO PROVE CONTENT The proponent may prove the content of a writing, recording, or photograph by the testimony, deposition, or written statement of the party against whom the evidence is offered. The proponent need not account for the original. Notes (Pub. L. 93–595, §1, Jan. 2, 1975,…

RULE 1006. SUMMARIES TO PROVE CONTENT The proponent may use a summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court. The proponent must make the originals or duplicates available for examination or copying, or both, by other parties at a reasonable time and…

RULE 1005. COPIES OF PUBLIC RECORDS TO PROVE CONTENT The proponent may use a copy to prove the content of an official record — or of a document that was recorded or filed in a public office as authorized by law — if these conditions are met: the record or document is otherwise admissible; and…

RULE 1004. ADMISSIBILITY OF OTHER EVIDENCE OF CONTENT An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if: (a) all the originals are lost or destroyed, and not by the proponent acting in bad faith; (b) an original cannot be obtained by any available judicial…

RULE 1003. ADMISSIBILITY OF DUPLICATES A duplicate is admissible to the same extent as the original unless a genuine question is raised about the original’s authenticity or the circumstances make it unfair to admit the duplicate. Notes (Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1946; Apr. 26, 2011, eff. Dec. 1, 2011.) Notes…

RULE 1002. REQUIREMENT OF THE ORIGINAL An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise. Notes (Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1946; Apr. 26, 2011, eff. Dec. 1, 2011.) Notes of Advisory Committee on Proposed Rules The…

RULE 1001. DEFINITIONS THAT APPLY TO THIS ARTICLE In this article: (a) A “writing” consists of letters, words, numbers, or their equivalent set down in any form. (b) A “recording” consists of letters, words, numbers, or their equivalent recorded in any manner. (c) A “photograph” means a photographic image or its equivalent stored in any…