FRE · Rule 1003

FRE Rule 1003

Quick Answer

What is FRE Rule 1003?

This rule addresses the admissibility of duplicates in legal proceedings.

Source: FRE Rule 1003

Official Text
A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original, or (2) in the circumstances it would be unfair to admit the duplicate in place of the original.
Plain Language

Rule 1003 allows for duplicates of documents to be used as evidence in court, similar to original documents. However, if there is a legitimate concern about the authenticity of the original document, or if it would be unfair to admit the duplicate instead of the original, then the duplicate may not be admitted.

Purpose

The purpose of this rule is to streamline the admission of documents into evidence and reduce the burden of needing to present original documents in every case.

Key Provisions

Admissibility of duplicates

Duplicates can be admitted as if they were originals unless there are authenticity concerns or fairness issues.

Practice Notes
  • Always verify the authenticity of the original document if a duplicate is being presented to avoid challenges.
  • Keep in mind the potential for challenges regarding fairness when introducing duplicates.
  • Be prepared to provide an explanation if the original document is unavailable.
Landmark Cases

Bennett v. State

This case confirmed that duplicates could serve as evidence but emphasized the need for authenticity of the original.

Exam Tip

Be aware that questions regarding the admissibility of duplicates often appear on exams, focusing on issues of authenticity and fairness.

Related Rules
  • fre-rule-1001
  • fre-rule-1002

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