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, sounds, 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 means 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.

Committee Notes

Maine Restyling Note [November 2014] The restyled Rule preserves the substantive differences between the Maine and Federal Rules, including the exclusion of a definition of "duplicate" to reflect Maine's decision not to adopt Federal Rule 1003 regarding the admissibility of duplicates.

Advisers' Note to former M.R. Evid. 1001 (February 2, 1976) This rule is a modernized version of the misleadingly named "best evidence rule," more accurately to be called the "original writing rule'', as the definitions in this rule of the terms used later in the article show. Subdivision (1) defines writings and recordings. Today, "writings'' alone would be too narrow, and the rule includes sophisticated methods of data compilation, storage, and retrieval. It also includes electronic recording devices, now in wide use (as in recording "Miranda warnings," for example). Since inarticulate voices as well as words and figures may have evidentiary value, the rule adds "sounds'' to the definition. Subdivision (2) is self-explanatory. Subdivision (3) defines an "original." The nature of an original is not always clear. The definition covers some particularized examples. Inclusion of any counterpart intended to have the same effect makes it clear that if a contract states that two or more copies are to be executed and treated as original, each of them is an original under this definition. The same is true, the

Federal Advisory Committee pointed out, of a sales ticket carbon copy given to a customer. Although strictly speaking the negative is the true original of a photograph, common usage and common sense treat any print as an original also, and so does this subdivision. A computer printout or other output readable by sight is defined as an original. The Federal Rule gives a definition of a "duplicate." It is omitted here because the Maine rule gives no special status to duplicates.