§1001 Definitions

• Library: Evidence Restated Deskbook (2021 Ed.)

§1001 Definitions

For purposes of this section, the following definitions are applicable:

A. Original. An "original" of a writing or recording is the writing or recording itself that is at issue in the litigation.

B. Duplicate original. A "duplicate original" is an original instrument repeated, signed, or otherwise properly identified.

Notes

Unlike Federal Rule of Evidence 1001, Missouri decisions do not define writings or recordings for purposes of applying the best evidence rule. But there is legislation dealing with (1) the admission in evidence of wire communications intercepted under court order; and (2) communications aided by assisted listening or transcription systems for the benefit of individuals with hearing, speech, or physical impairments in which the legislature defined various terms that are relevant to cases dealing with the best evidence rule, including "duplicate," "original," "photographs," "writings," and "recordings." See § 490.720, RSMo 2016. The definitions may assist courts in applying the best evidence rule as well.

The terms discussed in §1001.A and .B have been defined in best evidence rule cases.

A. Original

An "original" of a writing or recording is the writing or recording itself that is at issue in the litigation. Accordingly, a copy of a writing may be an "original" if it is the document in issue. See Pool v. Farm Bureau Town & Country Ins. Co. of Mo., 311 S.W.3d 895, 902 (Mo. App. S.D. 2010).

· Relied on to show good faith. Id. at 902 (a facsimile copy of a construction authorization received by an insurance company that was relied on by the company to show it had a good faith basis to believe that the homeowner had authorized it to include a contractor as a joint payee on checks...