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Subject:
From:
"Roach, Bill J." <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Mon, 26 Jun 2006 08:40:51 -0500
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>>the best thing to do is to bookmark the following links for the
Federal Rules of Evidence which provides the detail for what John wrote
above<<

Here are a couple of other Federal Rules of Evidence that should be
readily at your fingertips:

Rule 1001 Definitions

For purposes of this article the following definitions are applicable:

(1) Writings and recordings. "Writings" and "recordings" consist of
letters, words, or numbers, or their equivalent, set down by
handwriting, typewriting, printing, photostating, photographing,
magnetic impulse, mechanical or electronic recording, or other form of
data compilation.

(2) Photographs. "Photographs" include still photographs, X-ray films,
video tapes, and motion pictures.

(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 or any print therefrom. If data are stored in a computer or
similar device, any printout or other output readable by sight, shown to
reflect the data accurately, is an "original".

(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 the original.

Rule 1002 Requirement of Original

To prove the content of a writing, recording, or photograph, the
original writing, recording, or photograph is required, except as
otherwise provided in these rules or by Act of Congress.

Rule 1003 Admissibility of Duplicates

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 lieu
of the original.

Additionally, I would make it a point to know where to find the
corresponding Rules for any state in which you have a business presence.
Most states generally follow the Uniform Rules of Evidence as prepared
by the National Conference of Commissioners for Uniform State Laws.
www.nccusl.org

Bill R

Bill Roach, CRM
Enterprise EDMS Coordinator
State of North Dakota
ITD/Records Management
701-328-3589

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