Rule 1002 requires the original to prove contents, subject to broad exceptions. Duplicates are admissible to the same extent unless authenticity is genuinely questioned, and secondary evidence is permitted where originals were lost or destroyed without bad faith.
An original includes any printout of electronic data.
Alternative Names:
Original Document Rule|Rule 1002
Why it Matters?
The rule applies only where contents are at issue, so testimony about an event is not barred merely because a document also recorded it, which is the misapplication counsel most often make. For electronic data, any accurate printout counts as an original, which eliminates most objections to screen captures and system exports. Genuine authenticity disputes are what revive the rule's force against duplicates.
Frequently Confused with
Related terms
Frequently asked questions
When does the rule apply?
What counts as an original for electronic data?
