§ 90.951, Fla. Stat. — Definitions (Writings, Recordings, Originals, Duplicates)
Plain English
This is the dictionary for Florida’s best-evidence rules (§§ 90.952–90.958). It defines the key terms broadly for the digital age. “Writings” and “recordings” cover data set down in virtually any form — handwriting, print, photography, magnetic or electronic recording, any data compilation. “Photographs” include X-rays, videotapes, and motion pictures. An “original” is the item itself or a counterpart meant to have the same effect — and crucially, a photograph’s negative or any print, and any computer printout that accurately reflects the data, all count as originals. A “duplicate” is an accurate reproduction (same impression, photography, re-recording, chemical reproduction, or an executed carbon copy). These definitions are exactly why a clean printout or copy usually satisfies the best-evidence rule.
From the Courtroom
In the paper era, “best evidence” meant the actual document. Today 90.951 quietly settles most of those fights: a computer printout that accurately reflects the data is an original. The objection “that’s just a copy” usually dies right here.
Key Points & Authority
- § 90.951, Fla. Stat. — Defines writings/recordings, photographs, originals, and duplicates for the best-evidence rules.
- Digital age: an accurate computer printout is an “original”; negatives and prints of a photograph are originals.
- Federal parallel: Fed. R. Evid. 1001.
Federal Parallel
The federal counterpart is Fed. R. Evid. 1001 — the definitions section for the federal best-evidence rules (1001–1008), with closely matching treatment of originals and duplicates.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
For purposes of this chapter:
(1) “Writings” and “recordings” include letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photography, magnetic impulse, mechanical or electronic recording, or other form of data compilation, upon paper, wood, stone, recording tape, or other materials.
(2) “Photographs” include still photographs, X-ray films, videotapes, and motion pictures.
(3) An “original” of a writing or recording means the writing or recording itself, or any counterpart intended to have the same effect by a person executing or issuing it. An “original” of a photograph includes the negative or any print made from it. If data are stored in a computer or similar device, any printout or other output readable by sight and shown to reflect the data accurately is an “original.”
(4) “Duplicate” includes: (a) A counterpart produced by the same impression as the original, from the same matrix; by means of photography, including enlargements and miniatures; by mechanical or electronic rerecording; by chemical reproduction; or by other equivalent technique that accurately reproduces the original; or (b) An executed carbon copy not intended by the parties to be an original.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.951 defines writings/recordings, photographs, originals, and duplicates for Florida’s best-evidence rules — including that an accurate computer printout is an original and a photograph’s negative or any print is an original.