§ 90.953, Fla. Stat. — Admissibility of Duplicates
Plain English
This is what makes photocopies, scans, and PDFs routinely usable in court. A duplicate (a reliable reproduction, as defined in § 90.951) is admissible to the same extent as the original — unless one of three things is true: (1) the document is a negotiable instrument, a security, or a similar right-to-payment writing transferred by delivery (where the original paper itself is the thing of value); (2) a genuine question is raised about the authenticity of the original; or (3) it would be unfair, under the circumstances, to admit the copy in place of the original. Outside those exceptions, the copy comes in just like the real thing.
From the Courtroom
99% of the time the copy comes in without a fight — 90.953 is why nobody hauls original contracts to the courthouse anymore. The exceptions are where the action is: a promissory note (the original is the asset), or a genuine authenticity dispute that makes the court demand the original. Spot those early.
Key Points & Authority
- § 90.953, Fla. Stat. — A duplicate is admissible to the same extent as an original, except for negotiable instruments/securities/right-to-payment writings, where a genuine authenticity question is raised, or where it would be unfair to admit the duplicate.
- Works with § 90.951 (defining “duplicate”) and § 90.952 (the best-evidence rule).
- Federal parallel: Fed. R. Evid. 1003.
Federal Parallel
The federal counterpart is Fed. R. Evid. 1003 — a duplicate is admissible to the same extent as the original unless a genuine question is raised about the original’s authenticity or the circumstances make it unfair to admit the duplicate.
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)
A duplicate is admissible to the same extent as an original, unless:
(1) The document or writing is a negotiable instrument as defined in s. 673.1041, a security as defined in s. 678.1021, or any other writing that evidences a right to the payment of money, is not itself a security agreement or lease, and is of a type that is transferred by delivery in the ordinary course of business with any necessary endorsement or assignment.
(2) A genuine question is raised about the authenticity of the original or any other document or writing.
(3) It is unfair, under the circumstance, to admit the duplicate in lieu of the original.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.953 makes a duplicate admissible to the same extent as an original except for negotiable instruments/securities/right-to-payment writings, where a genuine authenticity question is raised, or where admitting the duplicate would be unfair.