Article 3. Photographic Copies And Printed Representations Of Writings of California Evidence Code >> Division 11. >> Chapter 2. >> Article 3.
A nonerasable optical image reproduction provided that
additions, deletions, or changes to the original document are not
permitted by the technology, a photostatic, microfilm, microcard,
miniature photographic, or other photographic copy or reproduction,
or an enlargement thereof, of a writing is as admissible as the
writing itself if the copy or reproduction was made and preserved as
a part of the records of a business (as defined by Section 1270) in
the regular course of that business. The introduction of the copy,
reproduction, or enlargement 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.
(a) If made and preserved as a part of the records of a
business, as defined in Section 1270, in the regular course of that
business, the following types of evidence of a writing are as
admissible as the writing itself:
(1) A nonerasable optical image reproduction or any other
reproduction of a public record by a trusted system, as defined in
Section 12168.7 of 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 miniature photographic copy,
reprint, or enlargement.
(4) Any other photographic copy or reproduction, or an enlargement
thereof.
(b) The introduction of evidence of a writing pursuant to
subdivision (a) 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.
Reproductions of files, records, writings, photographs,
fingerprints or other instruments in the official custody of a
criminal justice agency that were microphotographed or otherwise
reproduced in a manner that conforms with the provisions of Section
11106.1, 11106.2, or 11106.3 of the Penal Code shall be admissible to
the same extent and under the same circumstances as the original
file, record, writing or other instrument would be admissible.
A print, whether enlarged or not, from a photographic film
(including a photographic plate, microphotographic film, photostatic
negative, or similar reproduction) of an original writing destroyed
or lost after such film was taken or a reproduction from an
electronic recording of video images on magnetic surfaces is
admissible as the original writing itself if, at the time of the
taking of such film or electronic recording, the person under whose
direction and control it was taken attached thereto, or to the sealed
container in which it was placed and has been kept, or incorporated
in the film or electronic recording, a certification complying with
the provisions of Section 1531 and stating the date on which, and the
fact that, it was so taken under his direction and control.
(a) A printed representation of computer information or a
computer program is presumed to be an accurate representation of the
computer information or computer program that it purports to
represent. This presumption is a presumption affecting the burden of
producing evidence. If a party to an action introduces evidence that
a printed representation of computer information or computer program
is inaccurate or unreliable, the party introducing the printed
representation into evidence has the burden of proving, by a
preponderance of evidence, that the printed representation is an
accurate representation of the existence and content of the computer
information or computer program that it purports to represent.
(b) Subdivision (a) applies to the printed representation of
computer-generated information stored by an automated traffic
enforcement system.
(c) Subdivision (a) shall not apply to computer-generated official
records certified in accordance with Section 452.5 or 1530.
(a) A printed representation of images stored on a video or
digital medium is presumed to be an accurate representation of the
images it purports to represent. This presumption is a presumption
affecting the burden of producing evidence. If a party to an action
introduces evidence that a printed representation of images stored on
a video or digital medium is inaccurate or unreliable, the party
introducing the printed representation into evidence has the burden
of proving, by a preponderance of evidence, that the printed
representation is an accurate representation of the existence and
content of the images that it purports to represent.
(b) Subdivision (a) applies to the printed representation of video
or photographic images stored by an automated traffic enforcement
system.