April 15, 2004

Copies may be as good as originals in court

This week's question:

I have a small business and I have many documents scanned onto my computer hard drive. The originals have been destroyed to save storage space at my office. I was wondering--just in case--whether these images could be printed out later and be considered as evidence in court just like the originals if the need arose.

Joe J.
Almaden Valley

Dear Joe,

You should be in luck, Joe. Hopefully, you will not need to go to court, but if you do, your scanned copies may be as useful as the originals.

One of the key provisions you may be interested in is California Evidence Code §1550. This law pertains to the use of copies of documents in court instead of the originals.

California Evidence Code §1550 pertains to documents that are "made and preserved as part of the records of a business" as defined by §1270, and in the regular course of that business.

§ 1270 of the Evidence Code provides a definition of "business." As used in that section, "a business" includes every kind of business, governmental activity, profession, occupation, calling or operation of institutions, whether carried on for profit or not.

If the above requirements are met, then the following types of evidence of writing are as admissible as the writing itself:

(1) A non-erasable optical image reproduction or any other reproduction of a public record by a trusted system, as defined by the Government Code, if additions, deletions or changes to the original document are not permitted by the technology.

(2) A photostatic copy or reproduction.

(3) A microfilm, microcard or minature photographic copy, reprint or enlargment.

(4) Any other photographic copy or reproduction, or an enlargement thereof.

§1270 goes on to state that the introduction into evidence of a writing pursuant to the above does not preclude admission of the original writing if it is still in existence. A court may require the introduction of a hard copy printout of the document.

Donald J. DeVries
Almaden Valley

Donald J. DeVries is an attorney practicing law in Almaden Valley. If you would like him to answer your question in his next Almaden Times column, you can reach him by email at don@almadenvalleylawyers.com , fax at (408)268-6502, telephone at (408)268-9500, or mail at, 6475 Camden Avenue, Suite 200, San Jose, CA 95120. Your matters are personal and private, so of course, he will not disclose your identity or any details about your situation.

Want to learn about a specific legal issue or how DeVries can help you? Visit his Web site at www.almadenvalleylawyers.com . Almaden Times columns since 1986 are available there. DeVries writes this column to provide you with general information about important legal matters affecting California residents—not to give you legal advice about your specific matter No attorney-client relationship is created by these articles. The law is complex and constantly changing and varies from state to state. So you should consult an attorney before taking any action that would affect your personal or business matters.