Datasheet

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CHAPTER 1: BEST PRACTICES ■
Rules of Evidence
The use of digital images in court is determined by rules of evidence and by case law.
In both of those areas (at the time of this writing), digital images are allowed as evi-
dence in court (and have been since at least 1991). There are no requirements beyond
those required of any photographic image—and that is that they depict what they pur-
port to depict.
The significant portions of the Federal Rules of Evidence are rules 1001 to 1008
(see sidebar). These rules define what is considered an original, what is considered a
duplicate, and the burden of proof should there be a challenge. Most states also have
their own rules of evidence; many have adopted the wording of the Federal Rules.
Federal Rules of Evidence (Rules 1001—1008)
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, photograph-
ing,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 counter-
part 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 accu-
rately, 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 equiva-
lent 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.
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