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Minnesota Legislature

Office of the Revisor of Statutes

EVIDENCE

Rule 1003.Admissibility of Duplicates

A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original.

Committee Comment - 1977

With the development of accurate and convenient reproducing systems much of the concern about the admission of duplicates is eliminated. There remains the fear of possible fraud. However, in most instances where the accuracy of a duplicate is not contested it makes little sense to prohibit the introduction of a duplicate. It makes less sense in civil cases where the litigants by way of discovery usually can examine the original documents. The courts should not place a heavy burden on the party contesting the admission of the duplicates.

The rule will mark a change in Minnesota practice, but not a major change. At present copies made and kept in the ordinary course of business are treated as originals. Minnesota Statutes 1974, section 600.135.