Also known as:apograph · apographs · apographum · copy · transcript · duplicate
Written by attorneys · grounded in primary & secondary sources — see below
Copies or transcripts of writings, recordings, or other documents. The term encompasses duplicates produced by mechanical, photographic, or electronic means that accurately reproduce an original.
Sources & Authorities
How it applies
Common Examples
6
Removal Notice Filing
Avalon Pharmaceuticals faces a state-court contract suit. Its counsel prepares a notice of removal and attaches every summons, complaint, and order already served. The district court accepts the filing because the complete set of apographa accompanies the short statement of grounds.
Document Admission Request
Alpine Mining serves requests for admission on Aether Technologies and includes a photocopy of the disputed supply contract with each request. The separate statement of each matter satisfies the rule because the apographa travels with the genuineness inquiry.
Grand Jury Recording
A federal prosecutor arranges for a court reporter to transcribe every question and answer during witness testimony before the grand jury. The resulting apographa remains in government custody and may later be used to refresh recollection or impeach a trial witness.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Dictionaries
Duplicate Evidence Offer
Angela Acosta offers a scanned copy of a lost promissory note at trial. The court admits the duplicate because no genuine authenticity dispute exists and the circumstances do not render use of the apographa unfair.
LLC Record Inspection
Alfred Ashford, a member of Ashford Manufacturing, gives reasonable notice and appears at the company office to examine and copy financial statements. The apographa he obtains are limited to records material to his rights under the operating agreement.
Partnership Service by Copy
When registered-agent service fails, the process server hands a copy of the summons to the manager at Avalon Pharmaceuticals' regular place of business. The apographa left with the on-site individual completes service under the statute.
Common questions
Frequently Asked
5
When must a removing defendant include copies of state-court papers?+
A defendant must file a notice of removal together with a copy of all process, pleadings, and orders served in the state action. The requirement ensures the federal court receives a complete record at the outset of removal.
Does a request to admit the genuineness of a document require an attached copy?+
Yes. Each request must be accompanied by a copy of the document unless the document has already been furnished or made available for inspection and copying.
What happens if a grand jury proceeding is not recorded?+
The validity of a prosecution is not affected by an unintentional failure to record. The rule nevertheless requires that all proceedings, except deliberations and voting, be recorded by a reporter or suitable device.
When is a duplicate inadmissible under the best-evidence rule?+
A duplicate is inadmissible only if a genuine question is raised about the original's authenticity or the circumstances make admission of the duplicate unfair.
What records may an LLC member copy upon request?+
A member may inspect and copy records concerning the company's activities, affairs, financial condition, and other circumstances to the extent the information is material to the member's rights and duties.
5 U.S. (1 Cranch) 137 (1803)Property
…Lee illustrated that if one claimed title to land under a patent from the United States and the Secretary refused a copy, a mandamus could compel production; to obtain a mandamus one must show the patent is recorded and clerks can be called to prove that fact. Similarly, if a private act of Congress had…