Record when an original is required and when a duplicate may be used
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Where the lawyer has marked that the content of a writing, recording, or photograph is what must be proved, record that an original is required unless these rules or a federal statute provide otherwise. Record that 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. Do not decide that the original is required in this case. Do not decide that a duplicate is fair.
- What the lawyer must review
- The lawyer decides whether contents are being proved and whether a duplicate is admissible. Federal Rule of Evidence 1002 requires an original writing, recording, or photograph in order to prove its content unless the rules or a federal statute provide otherwise. Rule 1003 admits a duplicate 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. Rule 1001's definition of duplicate was not opened, so that definition is not restated. The tool does not decide the point.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Preserve original files and relevant metadata. Document provenance and handling, and seek forensic review where authenticity needs to be resolved.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.