For purposes of this article the following definitions are applicable: (1) Writings and recordings. ‘‘Writings’’ and ‘‘recordings’’ consist of letters, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation. (2) Photographs. ‘‘Photographs’’ include still photographs, X-ray films, video tapes, and motion pictures. (3) Original. An ‘‘original’’ of a writing or recording is the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it. An ‘‘original’’ of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an ‘‘original’’. (4) Duplicate. A ‘‘duplicate’’ is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent techniques which accurately reproduces the original. 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 form. (d) An “original” of a writing or recording the writing 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. C. Rule 1003: The Duplicate Exception is consistent with the emerging state trend finding mechanically produced duplicates admissible even when proponents could not account for the
Prior Rules Language: Rule 1005. Public Records The contents of an official record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct in accordance with rule 902 or testified to be correct by a witness who has compared it with the original. If a copy which complies with the foregoing cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given. Restyled Rules Language: Rule 1005. Copies of Public Records to 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. F. Rule 1006: Summaries states that “[t]he 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.” For this rule to apply, however, 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.” is thus not an exception to the rule that proponents must produce originals or duplicates pursuant to and ; instead, it merely states that proponents who have already made lengthy originals or duplicates available for examination, copying, or both can later prove their contents through charts, summaries, or calculations. Finally, it is important to note that courts have found that under , proponents merely must make the originals or duplicates available for examination and/or copying; no such obligation applies with regard to the charts, summaries, or calculations admitted under the Rule. See, e.g., , 2011 WL 4823189 at *8 (1st Cir. 2011) (“Regarding Colón's first argument, provides that only the underlying documents, not the summaries themselves, must be produced to the opposing party.”)