Rule 1001. Definitions
For purposes of this article the following definitions are applicable:
(1) Writings and recordings. "Writings" and "recordings" consist of letters, words, sounds, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation.
(2) Photographs. "Photographs" include still photographs, X-ray films, video tapes, motion pictures or other similar methods of recording information.
(3) Original. An "original" of a writing or recording is 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 therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an "original".
(4) Duplicate. A "duplicate" is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent techniques which accurately reproduces the original.
Note:
This rule is identical to the federal rule except that the word "sounds" is added to subdivision (1) and "other similar methods of recording information" was added to subdivision (2). This additional language does not significantly alter the rule, and provides for advances in technology.
Annotations Rule 1001
Generally
"The question of whether to admit evidence under [Rules 1001 to 1004, collectively known as the best evidence rule,] is ... addressed to the discretion of the trial court." State v. Galloway, 436 S.C. 453, 467, 872 S.E.2d 646, 654 (Ct. App. 2022), reh'g denied (June 2, 2022), cert. granted (Jan. 12, 2023).
1001(2)
Autopsy Photographs
In exercising its discretion on a Rule 403 objection to the admissibility of autopsy photographs, the trial court "must balance the [unfair prejudice] of graphic photos against their probative value." State v. Gray, 408 S.C. 601, 608-09, 759 S.E.2d 160, 164 (Ct. App. 2014).
Photographs
"The relevancy, materiality, and admissibility of photographs as evidence are matters left to the sound discretion of the trial court." State v. Nance, 320 S.C. 501, 508, 466 S.E.2d 349, 353 (1996). "If the offered photograph serves to corroborate testimony, it is...
