Zinovy Brodsky - Page 118




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          explained his failure to produce (1) the originals of the 25                
          checks and the 1 money order that relate to the material entries            
          that are the subject of respondent’s evidentiary objection or               
          (2) the duplicates (i.e., copies) of the microfiche of such                 
          checks and money order, which microfiche petitioner’s banks                 
          maintained.  If petitioner had obtained such originals and                  
          offered them at trial, they would have been admissible.  See FRE            
          1002.  If petitioner had obtained such duplicates and offered               
          them at trial, they would have been admissible to the same extent           
          as the originals.  See FRE 1003.  In either event, petitioner               
          would not have had to resort to secondary evidence consisting of            
          the material entries in respondent’s workpapers that are the                
          subject of respondent’s evidentiary objection in order to estab-            
          lish who the checks and the money order in question showed the              
          payors of such checks and money order to be.  On the record                 
          before us, we find that FRE 1004(3) does not permit petitioner to           
          use those entries to prove the identity of the payors of the                
          checks and the money order in question.                                     
               The second exception to FRE 1002 on which petitioner relies            
          is FRE 1006, which provides:                                                
                    The contents of voluminous writings, recordings,                  
               or photographs which cannot conveniently be examined in                
               court may be presented in the form of a chart, summary,                
               or calculation.  The originals, or duplicates, shall be                
               made available for examination or copying, or both, by                 
               other parties at a reasonable time and place.  The                     
               court may order that they are produced in court.                       
          Petitioner claims that under FRE 1006 the material entries that             
          are the subject of respondent’s evidentiary objection are admis-            





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