Rule 1003. Admissibility of Duplicates

Admissibility. Where the original has been lost, destroyed, or otherwise made unavailable, its production may be excused and other evidence of its contents will be admissible.

Duplicate Admissible to the Same Extent as the Original. A duplicate is admissible to the same extent as the original unless a genuine question is raised about the authenticity of the original, or the circumstances make it unfair to admit the duplicate in place of the original.

Genuine Question About the Original. A question about the authenticity of the original is genuine where a party offers evidence, and not mere assertion, tending to show that the original never existed, that the original differs in a material respect from the duplicate, or that the duplicate was made from something other than the original. A bare demand for the original does not raise a genuine question.

Unfairness. Circumstances making it unfair to admit a duplicate include that the duplicate is illegible or incomplete in a material respect; that it omits a page, a message, an attachment, an embedded item, or a portion of an exchange; that the original bears a mark, signature, seal, or alteration which the duplicate does not reproduce; and that the proponent has the original in its control and has withheld it.

Duplicates of Electronically Stored Records. An export, printout, forwarded message, or capture of a message, log, or in-game record is a duplicate of that record and is admissible under Rule 1003(2). Where the record bears usernames, timestamps, message identifiers, or other identifying data, a duplicate which strips, alters, or obscures such data is subject to Rule 1003(4).

Captures Offered as Duplicates. A capture of a screen displaying a writing or record is a duplicate of that writing or record. Where a party offers a capture and the underlying log, record, or file is within that party’s control, the court may require production of the underlying material, and may exclude the capture where the party fails to produce it without good cause.

Objection. An objection that a duplicate should not be received in place of the original shall be made when the duplicate is offered and shall state the ground relied upon under Rule 1003(3) or Rule 1003(4).

Determination; Weight. Whether a duplicate is admissible under this rule is a preliminary question for the court under Rule 104(1). Once a duplicate is admitted, its accuracy and the weight to be given it are for the fact finder, and Rule 1008(2) applies.