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. [L 1980, c 164, pt of 1]

 

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 Stat. 622-3 (1976) (repealed 1980) (originally enacted as L 1876, c 32, 44; am L 1945, c 17, 1; am L 1972, c 104, 2(c)), which similarly provided for liberal use of facsimile copies in lieu of originals.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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