§626-1-1003

HRE Rule 1003 — Admissibility of duplicates

Procedure & records · Chapter 626 — Hawaii Rules of Evidence · Hawaiʻi Rules of Evidence

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. [L 1980, c 164, pt of §1]

Source / Amendment history

[L 1980, c 164, pt of §1]

Cross references, commentary & case notes

RULE 1003 COMMENTARY This rule is identical with Fed. R. Evid. 1003. It restates a prior statute, Hawaii Rev. Stat. §622-3 (1976) (repealed 1980) (originally enacted as L 1876, c 32, §44; am L 1945, c 17, §1; am L 1972, c 104, §2(c)), which similarly provided for liberal use of facsimile copies in lieu of originals. See Territory v. Morgenstein, 39 H. 602 (1952). "Duplicate" is defined in Rule 1001(4) supra. Case Notes Trial court's denial of an objection to the admissibility of a duplicate under this rule is reviewed under abuse of discretion standard. 83 H. 50 (App.), 924 P.2d 544 (1996).

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