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W. Va. R. Evid. 1001

Definitions That Apply to This Article

activein force · 2026-09-24 – presentact-effective-date

(a) A "writing" consists of letters, words, numbers, or their equivalent set down in any form.

(b) A "recording" consists of letters, words, numbers, or their equivalent recorded in any manner.

(c) A "photograph" means a photographic image or its equivalent stored in any form.

(d) An "original" of a writing or recording means the writing or recording itself or any copy or counterpart intended to have the same effect by the person who executed or issued it. For electronically stored information, "original" means any printout — or other output readable by sight — if it accurately reflects the information. An "original" of a photograph includes the negative or a print from it.

(e) A "duplicate" means a copy or counterpart produced by a mechanical, photographic, chemical, electronic, or other equivalent process or technique that accurately reproduces the original.

History

COMMENT ON RULE 1001 Rule 1001 is taken verbatim from the federal rule with the exception of the use of the word "copy" in addition to "counterpart" used in Federal Rule 1001(d) and (e). The revised rule is substantively the same as the current state rule but is organized differently for greater clarity.

Provenance

Source
courtswv.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
a1e905a0faf883a81fe8a8f4dd0f47c5333c29f39087c8e6e2b4d90c23723d48
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