This is an extract of our Article 10 Contents Of Writings Recordings And Photographs document, which we sell as part of our Evidence Outlines collection written by the top tier of University Of Washington School Of Law students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Evidence Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
ARTICLE X: CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS:FRE 1001: Definitions: o FRE 1001(1): Writings and recordings: consist of letters, words, or numbers, of their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other forms of data compilation o FRE 1001(2): Photographs: include still photographs, x-ray films, video tapes, and motion pictures o FRE 1001(3): 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 and anyprint therefrom If data are stored on a computer or similar device, any printout or other output readable by sight, shown to reflect the data
accurately, is an "original" o FRE 1001(4): 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-recording, or by chemical reproduction, or by other equivalent techniques which accurately reproduces theoriginal. FRE 1002: Requirement of Original (Best Evidence Rule): To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required o Except as otherwise provided by FRE or statute
? United States v. Duffy: Shirt with laundry mark "DUF" was found in D's car. Shirt is both a chattel and a writing, thus could be treated as either. Words merge with object.
? Here, because writing was simple, little danger thatwitness would inaccurately remember its terms Terms of writing not central or critical to case against Duffy; shirt was one piece of evidence in a substantial case against Duffy
Buy the full version of these notes or essay plans and more in our Evidence Outlines.