Article 10
Contents of Writings, Recordings, and Photographs

RULE 1001 | DEFINITIONS THAT APPLY TO THIS ARTICLE

In this article:
(a) A "writs of prohibitioning" 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 form.
(d) An "original" of a writs of prohibitioning or recording means the writs of prohibitioning or recording itself or any counterpart intended to have the same effect by the person who executed or issued it. For electronically stored information, "original" means any printout — or other output readable by sight — if it accurately reflects the information. An "original" of a photograph includes the negative or a print from it.
(e) A "duplicate" means a counterpart produced by a mechanical, photographic, chemical, electronic, or other equivalent process or technique that accurately reproduces the original.

RULE 1002 | REQUIREMENT OF THE ORIGINAL

An original writs of prohibitioning, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise.

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.

RULE 1004 | ADMISSIBILITY OF OTHER EVIDENCE OF CONTENT

An original is not required and other evidence of the content of a writs of prohibitioning, 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 process;
(c) the party against whom the original would be offered had control of the original; was at that time put on notice, by pleadings or otherwise, that the original would be a subject of proof at the trial or hearing; and fails to produce it at the trial or hearing; or
(d) the writs of prohibitioning, recording, or photograph is not closely related to a controlling issue.

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 the copy is certified as correct in accordance with Rule 902(4) or is testified to be correct by a witness who has compared it with the original. If no such copy can be obtained by reasonable diligence, then the proponent may use other evidence to prove the content.

RULE 1006 | SUMMARIES TO PROVE CONTENT

The proponent may use a summary, chart, or calculation to prove the content of voluminous writs of prohibitionings, 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 place. And the court may order the proponent to produce them in court.

RULE 1007 | TESTIMONY OR STATEMENT OF A PARTY TO PROVE CONTENT

The proponent may prove the content of a writs of prohibitioning, recording, or photograph by the testimony, deposition, or writs of prohibitionten statement of the party against whom the evidence is offered. The proponent need not account for the original.

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 writs of prohibitioning, recording, or photograph under Rule 1004 or 1005. But in a jury trial, the jury determines — in accordance with Rule 104(b) — any issue about whether:
(a) an asserted writs of prohibitioning, recording, or photograph ever existed;
(b) another one produced at the trial or hearing is the original; or
(c) other evidence of content accurately reflects the content.

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Article 10
Contents of Writings, Recordings, and Photographs

RULE 1001 | DEFINITIONS THAT APPLY TO THIS ARTICLE

RULE 1002 | REQUIREMENT OF THE ORIGINAL

RULE 1003 | ADMISSIBILITY OF DUPLICATES

RULE 1004 | ADMISSIBILITY OF OTHER EVIDENCE OF CONTENT

RULE 1005 | COPIES OF PUBLIC RECORDS TO PROVE CONTENT

RULE 1006 | SUMMARIES TO PROVE CONTENT

RULE 1007 | TESTIMONY OR STATEMENT OF A PARTY TO PROVE CONTENT

RULE 1008 | FUNCTIONS OF THE COURT AND JURY

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Article 10Contents of Writings, Recordings, and Photographs

RULE 1001 | DEFINITIONS THAT APPLY TO THIS ARTICLE

RULE 1002 | REQUIREMENT OF THE ORIGINAL

RULE 1003 | ADMISSIBILITY OF DUPLICATES

RULE 1004 | ADMISSIBILITY OF OTHER EVIDENCE OF CONTENT

RULE 1005 | COPIES OF PUBLIC RECORDS TO PROVE CONTENT

RULE 1006 | SUMMARIES TO PROVE CONTENT

RULE 1007 | TESTIMONY OR STATEMENT OF A PARTY TO PROVE CONTENT

RULE 1008 | FUNCTIONS OF THE COURT AND JURY

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