Question 1

What is a xerographic copy in legal contexts?

Accepted Answer

Xerographic copy: a photocopy made by the xerographic (dry copying) process. In FL law: xerographic copies are relevant in: evidence (whether a photocopy is admissible as evidence in court), recording (whether a photocopy of a document can be recorded in the official records), and authentication (how a photocopy is authenticated as a true and accurate copy of the original). FL Evidence Code (Section 90.953): provides that duplicates (including xerographic copies) are generally admissible to the same extent as originals unless: a genuine question about the original’s authenticity is raised or the circumstances make it unfair to admit the duplicate.

Question 2

Are xerographic copies admissible in Florida courts?

Accepted Answer

FL admissibility: yes, under the best evidence rule (Section 90.952-90.954): a duplicate is admissible to the same extent as the original unless the opposing party raises a genuine issue about the original’s authenticity or the circumstances make it unfair. Duplicate definition (Section 90.951(2)): a counterpart produced by any process or technique that accurately reproduces the original (including: xerographic copies, digital scans, and photographs). Authentication: the party offering the copy must: establish that it is a true and accurate reproduction of the original (through: testimony of a witness who compared the copy to the original, or a certification that the copy is accurate).

Question 3

When are xerographic copies insufficient in Florida legal proceedings?

Accepted Answer

Insufficient when: original required (certain documents require: the original: wills (the original will must be presented for probate; Section 732.901), recorded instruments (the county clerk may require: the original document for recording, though certified copies are often accepted), and negotiable instruments (the original must be presented: UCC Section 673.501)), authenticity disputed (the opposing party presents: evidence that the copy has been altered, is incomplete, or does not accurately represent the original), and certified copy needed (some proceedings require: a certified copy from the official custodian rather than: an uncertified xerographic copy). The court: has discretion to require the original in the interest of justice.

Xerographic Copy

Xerographic Copy (Legal)

Admissibility

Authentication

When Insufficient

Related Terms

Barnes Walker Litigation

Ready to Get Started?