Also known as: duplicates · duplication · duplicate original
Written by attorneys · grounded in primary & secondary sources — see below
A counterpart produced by a mechanical, photographic, chemical, electronic, or other equivalent process or technique that accurately reproduces the original. A duplicate is admissible to the same extent as the original unless a genuine question is raised about the original's authenticity or the circumstances make it unfair to admit the duplicate.
Diego Duarte offers a photocopy of a signed sales agreement to prove its terms after the original was stored in an out-of-state archive. The opposing party raises no specific claim that the photocopy was altered or that the original differs. The court admits the photocopy because it qualifies as a duplicate produced by a standard reproduction process and no authenticity issue or unfairness appears.
Dominion Capital offers a one-page summary of thousands of transaction records and invites Deanna Davenport to inspect the underlying files at its headquarters during two business days. Davenport objects that the window is too short. The court finds the offer of the originals and duplicates satisfies the access requirement and admits the summary.
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An officer arrests Daniel Diaz without the physical warrant in hand. The officer later shows Diaz a duplicate original warrant that accurately reproduces the judge-signed document. The presentation satisfies the requirement to display the warrant or its duplicate as soon as possible after arrest.
Wal-Mart employees seek to use duplicate personnel files to show common employment practices across stores. The court evaluates whether the duplicates accurately reproduce the originals and whether any authenticity dispute prevents their use in proving class-wide issues.
Dominic Drake removes duplicate sales invoices from company files knowing they accurately reflect the original entries. The court examines whether his knowledge that the duplicates reproduced the originals supports a finding of knowing conversion.
Diamond Manufacturing produces duplicate copies of internal pricing memos during discovery. The court assesses whether the duplicates accurately reproduce the originals and whether any unfairness arises from their admission in proving market conduct.
A photocopy is excluded when a genuine question exists about the original's authenticity or when admitting the duplicate would be unfair, such as when only part of the original is reproduced and the missing portion alters the meaning.
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No. Rule 1003 permits admission of a duplicate without any showing that the original is lost or unavailable, provided no authenticity dispute or unfairness exists.
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The best evidence rule generally requires an original, but Rule 1003 creates an exception that treats a qualifying duplicate as admissible to the same extent as the original, thereby satisfying the rule without production of the original.
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The proponent must make the underlying originals or duplicates available for examination or copying by other parties at a reasonable time and place, and the court may order production in court if needed.
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…whether the individual differences “impede” common adjudication, ante , at 10 (internal quotation marks omitted), the Court duplicates 23(b)(3)’s question whether “a class action is superior” to other modes of adjudication. Indeed, Professor Nagareda, whose “dissimilarities” inquiry the Court endorses, developed his…