Can a photocopy of a document without the original be admissible in evidence?
Asked by: Dr. Tobin Roberts III | Last update: May 12, 2025Score: 4.5/5 (41 votes)
Q : Can a photocopy be accepted as evidence in court without having the originals of them? A : The original document is the primary evidence and a photocopy of the document is secondary evidence. You have to establish loss of the original (or other preconditions) and authenticity of the copy.
Are photocopies admissible in court?
In addition, duplicates of written, recorded, or photographic evidence are also admissible in court unless a genuine question is raised about the authenticity of the original or it is unfair to admit the duplicates due to the specific circumstances.
What is the best evidence rule for photocopies?
The best evidence rule requires an original or duplicate (mechanical copy) of a document (must be a recording, writing, or photograph) to be produced to prove its contents.
Is a photocopy of a document valid?
The second federal law, the Uniform Photographic Copies of Business & Public Records Act, has been enacted in nearly every state in the United States. According to this act, duplicates of documents are considered to have the same legal importance as originals.
Can a photocopy be an original document?
Thus, photocopies are no longer considered as secondary evidence. To be clear, a photocopy of a document is a duplicate of the original produced by photography which is an accurate reproduction of the original. In this light, a duplicate is admissible, just as an original of a document is.
Evidence of Photocopy | Iqbal International Law Services®
Can scanned documents be considered original?
As long as it's correctly done, courts have upheld that imaging and scanning are just as legally binding as paper documents. Legal acceptability of scanned document images depends on the process used to create the documents.
Is a photocopy of a notarized document valid?
A notarized copy must be made per the notarization laws of the state in which it is copied. In order to be considered a certified copy, the notarized copy must contain a notary seal verifying the original notarization is valid. In some situations, you have to get a copy of a notarized document or a notarized photocopy.
What is the difference between original copy and photocopy?
Photocopied documents can be examined accurately and a conclusive opinion made. In the absence of the original document, a first generation copy (first copy of the original document) is preferred to a copy of a copy (copy of multiple iterations).
What makes a document legally valid?
Although a document must be signed by each party to be considered legally binding, the mere presence of signatures does not guarantee that an agreement is enforceable in court. To be considered a legally binding contract or document, three critical elements must also be present: Subject, Consideration, and Capacity.
What legal rule requires the submission of original evidence?
Rule 1002. Requirement of the Original. An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise.
What three things must evidence have in order to be used?
- Material, meaning it tangibly proves a disputed fact.
- Relevant, meaning it has a reasonable likelihood of helping to prove or disprove an issue of fact.
- Competent, meaning it is traditionally accepted as reliable evidence.
What is the best evidence rule for copying?
The best evidence rule is a legal principle that holds an original of a document as superior evidence. The rule specifies that secondary evidence, such as a copy or facsimile, will be not admissible if an original document exists and can be obtained.
What makes a document admissible in court?
In order to be admissible, evidence must: Be authentic. Be in good condition. Be able to withstand scrutiny of its collection and preservation procedures.
What is the legal definition of photocopy?
Photocopying means acts of reproduction where the end product is analogue, e.g. photocopying of a printed work or printing from a digital medium, e.g. from the Internet.
What is the rule 1007 evidence?
Legal Overview
Rule 1007 excuses the requirement that the original must be used to prove the contents of a writing, recording, or photograph if the party against whom the evidence is being offered admits that the secondary evidence accurately reflects the contents of the original.
Can a photocopy be original?
A photostat copy of a document cannot be accepted as secondary evidence if it is presented without evidence of its accuracy, without a comparison with the original, or without verification that it is a true reproduction.
What is an illegal copy?
Unauthorized Copying is Against the Law
When you make unauthorized copies of someone's creative work, you are taking something of value from the owner without his or her permission. Most likely, you've seen the FBI warning about unauthorized copying at the beginning of a movie DVD.
What can be copied without permission?
When a work becomes “Public Domain” it is available for use without permission from a copyright owner. Most works enter public domain because their copyrights have expired. To determine whether a work is in the public domain and is available for use, you first have to determine when it was published.
What qualifies as a photocopy?
a copy of printed or other graphic material made by a device (ˈ photoˌ copier) which photographically reproduces the original. verb transitive.
What is considered an original copy?
original copies… means original or near original copies of printed documents, not copies of copies. The latter became pixelated at low magnification due to the quality of the copy scanned.
What makes a notarized document invalid?
Missing or Incorrect Notary Seal
States like California and Texas have specific requirements for the placement and design of the seal. Without a proper seal, legal and financial institutions may reject the document.
Are copies of legal documents valid?
What you really want to know if whether something other than an original, inked, document will be admitted into evidence in a court of law or other legal proceeding. The general answer is YES. Most jurisdictions will permit photo copies, whether they be from a copy machine or fax.
What is the most common mistake made by a notary?
One of the most common mistakes that notaries make is not printing or signing their name exactly as it appears on their notary commission.