Colo. R. Evid. 1002
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 statute of the State of Colorado or of the United States.
CRE 1002
Annotation Where disputed evidence is both a chattel and a writing, trial court has wide discretion in determining whether to require production of the original. In exercising this discretion, the trial court should consider the complexity of the writing, the danger of mistransmission of its contents, the difficulty of producing the original, and whether a bona fide dispute exists as to its contents. People v. Wortham, 690 P.2d 876 (Colo. App. 1984). Summary evidence admissible under CRE 1006 is not objectionable on the ground that it violates the best evidence rule. If proper foundation has been established, questions concerning the authenticity of the evidence or the credibility of the testimony go to the weight of the evidence, not its admissibility. Airborne, Inc. v. Denver Air Center, Inc., 832 P. 2d 1086 (Colo. App. 1992). Where original videotape was admitted, the videotape constituted best evidence and it was not plain error to allow further testimony regarding the contents of the videotape. People v. Robinson, 908 P.2d 1152 (Colo. App. 1995), aff'd on other grounds, 927 P.2d 381 (Colo. 1996). Applied in People v. Williams, 654 P.2d 319 (Colo. App. 1982).