Article X — Contents of Writings, Recordings, and Photographs
Rule 1001: Definitions That Apply to This Article
What is Definitions That Apply to This Article?
Rule 1001 provides the definitions for the Best Evidence Rule (also called the Original Document Rule), which is contained in Article X. Understanding these definitions is essential because the scope of the rule depends entirely on what counts as a 'writing,' 'recording,' 'photograph,' 'original,' and 'duplicate.'
Source: Fed. R. Evid. 1001
Rule Text
A 'writing' consists of letters, words, numbers, or their equivalent set down in any form. A 'recording' consists of letters, words, numbers, or their equivalent recorded in any manner. A 'photograph' means a photographic image or its equivalent stored in any form. 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. A 'duplicate' is a counterpart produced by a mechanical, photographic, chemical, electronic, or other equivalent process or technique that accurately reproduces the original.
Plain English Explanation
Rule 1001 provides the definitions for the Best Evidence Rule (also called the Original Document Rule), which is contained in Article X. Understanding these definitions is essential because the scope of the rule depends entirely on what counts as a 'writing,' 'recording,' 'photograph,' 'original,' and 'duplicate.'
The definitions are intentionally broad. Writings and recordings include any form of communication using letters, words, or numbers, regardless of medium. This covers not just paper documents but also electronic files, text messages, emails, and any other recorded communication. Photographs include any photographic image stored in any form, including digital images and video recordings.
The definition of 'original' is particularly important for electronic evidence. For electronically stored information, any printout or readable output that accurately reflects the data qualifies as an 'original.' This means that a printout of an email is an original of that email, not a copy. Similarly, a 'duplicate' is any accurate reproduction made by a mechanical or electronic process — photocopies, scanned images, and digital copies all qualify. Under Rule 1003, duplicates are generally admissible to the same extent as originals.
Key Points
- 1Broad definitions: writings, recordings, and photographs cover virtually all forms of recorded communication
- 2For electronically stored information, any accurate printout or readable output is an 'original'
- 3A 'duplicate' is any accurate mechanical, photographic, or electronic reproduction
- 4These definitions determine the scope of the Best Evidence Rule (Rules 1002-1008)
Common Exam Issues
- Whether a particular item qualifies as a 'writing,' 'recording,' or 'photograph' under these broad definitions
- Determining what counts as an 'original' for electronic evidence — printouts of emails, database entries
- Distinguishing 'originals' from 'duplicates' — multiple counterparts of the same contract may all be originals
Landmark Cases
- Seiler v. Lucasfilm, Ltd.
- Lorraine v. Markel American Insurance Co.
Article X — Contents of Writings, Recordings, and Photographs
This rule is part of Article X — Contents of Writings, Recordings, and Photographs of the Federal Rules of Evidence.
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