§1003 Admissibility of Duplicates

• Library: Evidence Restated Deskbook (2021 Ed.)

§1003 Admissibility of Duplicates

Exception not recognized in Missouri.

Notes

Missouri does not have a statute with language similar to Federal Rule of Evidence 1003 that allows duplicates to be admissible to the same extent as an original unless:

· a genuine issue 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.

See Hadlock v. Dir. of Revenue, 860 S.W.2d 335, 337 (Mo. banc 1993); State v. Armstrong, 575 S.W.2d 847, 848 n.1 (Mo. App. E.D. 1978).

Accordingly, the general rule in Missouri is that a duplicate of an original writing, such as a photocopy, is not admissible under the best evidence rule...