Evidence-Wellborn SU2006 Outline

At a time when an original was under the control of

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Unformatted text preview: a duplicate. A manually created reproduction, because of the risk of human error, is not a duplicate! In the absence of stipulation, a proper foundation that a writing is a duplicate of another consists of testimony by a person with personal knowledge of the contents of the original that the offered writing is an accurate reproduction of it, produced by some identified process "which accurately reproduces the original". FRE 1003: Admissibility of Duplicates. A duplicate is admissible to the same extent as an original unless: A question is raised as to the authenticity of the ORIGINAL or In the circumstances, it would be unfair to admit the duplicate in lieu of the original Has to do with suspicions that the proffered duplicate was incomplete/something was left out deliberately! A duplicate is freely admissible in lieu of the original except when: 1) There is a genuine question as to authenticity of the original IF the case presents a jury question whether the original document is a forgery, the jury shoul...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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