Pepin Mfg., Inc. v. ESwallow USA, LLC, [Ms. 2140406, Oct. 2, 2015] __ So.3d __ (Ala. Civ. App. 2015). The Court
of Civil Appeals reverses a judgment for the defendant in an action on
a promissory note. The circuit court excluded the copy of the promissory
note, sustaining defendants’ objection that it was not the original.
The Court of Civil Appeals, relying on Rule 1003, Ala. R. Evid., holds
that the circuit court exceeded its discretion in excluding the copy.
“The defendants did not raise any ‘genuine question ... as
to the authenticity of the original’ or otherwise assert that ‘in
the circumstances it would be unfair to admit the duplicate in lieu of
the original,’” the two grounds under which a copy can be
excluded under Rule 1003. Because the promissory note was the entire basis
of the plaintiff’s action, the exclusion of it from evidence was