Alaska Comm. R. Evid. 1003
Rule 1003 follows the Federal Rule in its departure from the common law "best evidence" rule, which requires that "in proving the terms of a writing, where the terms are material, the original writing must be produced unless it is shown to be unavailable for some reason other than the serious fault of the proponent." McCormick, (2d ed.) § 230, at 560. In recognition of the great legal significance attaching to the exact words of a document, the "best evidence" rule was designed to prevent fraud and protect against inaccuracy. The rule served a purpose when duplicates were made by a scrivener instead of an electronic duplicating machine. However, when the sole aim is to present the words or other contents in question to the court with accuracy and precision, a copy serves equally as well as the original, if the copy is the product of a method which insures accuracy and genuineness. By definition in Rule 1001(d), supra, a "duplicate" is such a copy.
Therefore, Rule 1003 provides that if there is no genuine question as to authenticity, and no other reason for requiring the original, a duplicate is admissible. The Advisory Committee's Note to Federal Rule 1003 cites the following cases in support of this position:
Myrick v. United States, 332 F.2d 279 (5th Cir. 1964), no error in admitting photostatic copies of checks instead of original microfilm in absence of suggestion to trial judge that photostats were incorrect; Johns v. United States, 323 F.2d 421 (5th Cir. 1963), not error to admit concededly accurate tape recording made from original wire recording; Sauget v. Johnston, 315 F.2d 816 (9th Cir. 1963), not error to admit copy of agreement when opponent had original and did not on appeal claim any discrepancy.
An example of a situation in which it would be unfair to admit the duplicate in lieu of the original is when only a part of the original is reproduced and the remainder is needed for cross-examination or may disclose matters qualifying the part offered or be otherwise useful to the opposing party. United States v. Alexander, 326 F.2d 736 (4th Cir. 1964). See also Toho Bussan Kaisha, Ltd. v. American President Lines, Ltd. 265 F.2d 418 (2d Cir. 1959).
In ruling on the admissibility of a duplicate, the court should "examine the quality of the duplicate, the specificity and sincerity of the challenge, the importance of the evidence to the case, and the burdens of producing the original before determining whether a genuine question is raised as to authenticity." K. Redden & S. Saltzburg, Federal Rules of Evidence Manual 368. This approach is consistent with Rule 1004. It is also important to keep in mind that oral testimony about a document is not a "duplicate."
When Rule 1003 applies, the original need not be produced under Rule 1002. Rule 1003 applies generally, but is superseded with respect to public records by Rule 1005. If Rule 1007 is satisfied, there is no need to satisfy Rule 1003.
Alaska Comm. R. Evid. 1003