Definitions (Writings, Recordings, and Photos) — Rule 1001

• Jurisdiction: Colorado

Definitions (Writings, Recordings, and Photos) — Rule 1001

SUMMARY OF RULE 1001

• Writings and recordings include handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation.
• Photographs include still photographs, X-ray films, videotapes, and motion pictures.
• "Original" includes a counterpart intended to have the same effect by the person executing or issuing it. An original of a photograph includes the negative or any print. If data is stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an "original."
• A duplicate is a counterpart produced by the same impression, or from the same matrix, or from photography, including enlargements and miniatures, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent techniques that accurately reproduce the original.

LEGAL AUTHORITIES

• Photocopies constitute duplicates. Fasso v. Straten, 640 P.2d 272 (Colo. App. 1982) (illegibility of invoices and time records alleged, but counsel had possession of them for more than eight months prior to trial).

• Photographs are admissible to depict graphically anything a witness may describe in words, provided the prejudicial effect does not far outweigh the probative value. People v. Roark, 643 P.2d 756 (Colo. 1982).

• A trial court has broad discretion to determine admissibility of photographs. People v. Crespin, 631 P.2d 1144 (Colo. App. 1981).

• A computer printout is admissible as an original, as it reflects data reliably stored in a computer. Benham v. Pryke, 703 P.2d 644 (Colo. App. 1985), rev'd on other grounds, 744 P.2d 67 (Colo. 1987).

• Receipts from banks (C.R.S. § 11-105-208(1)) or financial institutions (C.R.S. § 11-48-106(1)) are prima facie proof...