Miss. R. Evid. 1001

As amended through October 31, 2024

Rule 1001 - Definitions That Apply to This Article

In this article:

(a) A "writing" consists of letters, words, numbers, or their equivalent set down in any form.

(b) A "recording" consists of letters, words, numbers, or their equivalent recorded in any manner.

(c) A "photograph" means a photographic image or its equivalent stored in any form.

(d) An "original" of a writing or recording means the writing or recording itself or any counterpart intended to have the same effect by the person who executed or issued it. For electronically stored information, "original" means any printout - or other output readable by sight - if it accurately reflects the information. An "original" of a photograph includes the negative or a print from it.

(e) A "duplicate" means a counterpart produced by a mechanical, photographic, chemical, electronic, or other equivalent process or technique that accurately reproduces the original.

Miss. R. Evid. 1001

Amended 7/1/1997; restyled eff. 7/1/2016.

Advisory Committee Historical Note

Effective July 1, 1997, Rule 1001(3) was amended to correct what was apparently a printing or typographical error by replacing the word "sign" with the correct word, "sight". _____ So. 2d _____ (West Miss. Cases).

Advisory Committee Note

The language of Rule 1001 has been amended as part of the general restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. Lower-case lettered subdivisions have replaced numbered paragraphs as first-level formatting. The definitions of "writing" and "recording" - formerly combined in a single definition - now appear in separate subdivisions. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.

(a) and (b) Writings and Recordings. This provision recognizes that current techniques of recordation are more complex than what we have traditionally defined as "written" or "recorded." To the extent that the best evidence rule is concerned, the rule is expanded to include modern technological methods of recording.

(c) Photographs. Photographs are defined to include an assortment of pictures.

(d) Original. This rule covers multiple originals, copies which are executed in multiple numbers. A computer printout under the rule is deemed to be an original.

(e) Duplicate. Copies which are produced by such highly accurate methods that the possibility of error is improbable are treated as originals pursuant to Rule 1003. Other copies which are subsequently produced manually are outside the definition. See FRE 1001, Advisory Committee's Note.

["Advisory Committee Note" substituted for "Comment," effective June 16, 2016; amended July 1, 2016, to note restyling.]

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