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Article 10 Contents Of Writings Recordings And Photographs Outline

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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

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