{"id":2651,"date":"2026-03-11T09:12:59","date_gmt":"2026-03-11T16:12:59","guid":{"rendered":"https:\/\/bartbaggett.com\/blog\/?p=2651"},"modified":"2026-04-08T09:09:27","modified_gmt":"2026-04-08T16:09:27","slug":"do-you-need-an-original-or-can-you-work-from-a-photocopy","status":"publish","type":"post","link":"https:\/\/bartbaggett.com\/blog\/do-you-need-an-original-or-can-you-work-from-a-photocopy\/","title":{"rendered":"Q04 Do you need an original, or can you work from a photocopy? (Forensic Expert Witness Legal Tips)"},"content":{"rendered":"

Do You Need an Original? Can You Work From a Photocopy?<\/h1>\n

Attorneys often need to hire a forensic document examiner as an expert witness to opine in court that something is or is not a forgery. Common types of evidence can include a will, a codicil, a title, or any document that helps the court determine the truth of the agreements. It happens all the time and has been happening for centuries. Many clients think, \u201cI don’t have an original. I’m going to lose this case.\u201d That is not true. Even in cases involving a Last Will and Testament, where state laws typically require a wet signature and two witnesses, a copy is sometimes accepted by the court as valid evidence.<\/span><\/p>\n

How Evidence Has Changed Over the Decades<\/h3>\n

Since I’ve been in this business for about 30 years, I have seen a shift in the types of documents that come before a judge. When the first textbooks on forensic document examination were written, originals were the only form of evidence available. In the 1980s, faxes were often used as evidence. Photocopies have been used as evidence since the invention of the copy machine.<\/p>\n

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Fax machines have largely disappeared, and with them, fax copies as evidence have been replaced by PDF files, email attachments, and scans of varying quality. There are <\/span>high-resolution scanners and low-resolution scanners. What many clients don’t realize is that deeds and titles recorded at the courthouse are often scanned at very low resolution, and in some cases, that low-resolution scan is the only copy that exists.<\/p>\n

The Best Evidence Rule<\/h3>\n

The general rule, at least in the United States, across all 50 states, is the Best Evidence Rule<\/strong>. It holds that the court will accept the highest-quality evidence available, meaning that even a photocopy can be admitted if it is the best version of the document that exists. A forensic document examiner’s opinion based on that evidence can still carry significant weight.<\/p>\n