Ala. R. Evid. 10

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(1) Writings under Rule 1001. Definitions

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“Writings” consist of letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, or other form of data compilation.

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(2) Original under Rule 1001. Definitions

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An “original” of a writing is the writing itself or any counterpart intended to have the same effect by a person executing or issuing it. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an “original.”

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(3) Duplicate under Rule 1001. Definitions

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A “duplicate” is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, or by equivalent technique which accurately reproduces the original.

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Rule 1002. Requirement of Original

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To prove the content of a writing, the original writing is required, except as otherwise provided by statute, these rules, or by other rules applicable in the courts of this state.

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Rule 1003. Admissibility of Duplicates

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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.

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(1) Originals Lost or Destroyed exception to Rule 1004. Admissibility of Other Evidence of Contents

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The original is not required, and other evidence of the contents of a writing is admissible, should there be no duplicate readily available to the proponent or witness, if: All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith

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(2) Original Not Obtainable exception to Rule 1004. Admissibility of Other Evidence of Contents

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The original is not required, and other evidence of the contents of a writing is admissible, should there be no duplicate readily available to the proponent or witness, if: No original can be obtained by any available judicial process or procedure;

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(3) Original in Possession of Opponent exception to Rule 1004. Admissibility of Other Evidence of Contents

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The original is not required, and other evidence of the contents of a writing is admissible, should there be no duplicate readily available to the proponent or witness, if: At a time when an original was under the control of the party against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and that party does not produce the original at the hearing;

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(4) Collateral Matters exception to Rule 1004. Admissibility of Other Evidence of Contents

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The original is not required, and other evidence of the contents of a writing is admissible, should there be no duplicate readily available to the proponent or witness, if: The writing is not closely related to a controlling issue.

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Rule 1005. Public Records

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The contents of an official record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct in accordance with Rule 902 or testified to be correct by a witness who has compared it with the original. If a copy which complies with the foregoing cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given.

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Rule 1006. Summaries

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The contents of voluminous writings which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at a reasonable time and place. The court may order that they be produced in court.

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Rule 1007. Testimony or Written Admission of Party

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Contents of writings may be proved by the testimony or deposition of the party against whom offered or by that party's written admission, without accounting for the nonproduction of the original.

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Rule 1008. Functions of Court and Jury

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When the admissibility of other evidence of contents of writings under these rules depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the court to determine in accordance with the provisions of Rule 104. However, when an issue is raised (a) whether the asserted writing ever existed, or (b) whether another writing produced at the trial is the original, or (c) whether other evidence of contents correctly reflects the contents, the issue is for the trier of fact to determine as in the case of other issues of fact.