Rule 5-1001. Definitions

(a) Writings and Recordings “Writings” and “recordings” consist of letters, words, numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic or optical impulse, mechanical or electronic recording, or other form of data compilation.

Committee note: This is not intended to change the common law regarding the court's discretion to treat chattels inscribed with letters or numbers as writings.

(b) Photographs “Photographs” include still photographs, X-ray films, video tapes, and motion pictures.

(c) 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”.

(d) 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-recordings, or by chemical reproduction, or by other equivalent technique which accurately reproduces the original.

Committee Notes

Source: This Rule is derived from F.R.Ev. 1001.