Some standard content:
ICS37.080
National Standardization Guidance Technical Document of the People's Republic of China GB/Z20650—2006
Micrographics
Legal admissibility of microforms
Micrographics--Legal admissibility of microforms (ISO/TR10200.1990, MOD)
Published on 2006-12-05
General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China Administration of Standardization of the People's Republic of China
Product protection
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GB/Z20650—2006
This guidance technical document is modified by ISO/TR10200:1990 Technical Report "Legal admissibility of microforms" (English version), including its Amendment 1.
This guidance technical document is for reference only. Suggestions and comments on this guidance technical document should be reported to the standardization administrative department of the State Council.
Taking into account my country's national conditions and civil evidence laws and regulations, this guidance technical document has modified some of the contents when adopting the ISO/TR10200:1990 technical report.
This guidance technical document has made the following abridged modifications to ISO/TR10200:1990: - Replace "this technical report" in ISO/TR10200:1990 with "this guidance technical document"; - Delete "Introduction on Historical Situation" in ISO/TR10200:1990 and compile the foreword of this guidance technical document; - Based on the specific situation of the legal recognition of microforms in my country in the "Implementation Measures of the Archives Law of the People's Republic of China" revised and promulgated on June 7, 1994, the "Introduction" in ISO/TR10200:1990 has been supplemented and revised; - Replace "Renewable Film" in 5.4 Film in ISO/TR10200:1990 with "Renewable Film" in 5.4 Film in ISO/TR10200:1990; - - Delete "5.9 Update and Access" in ISO/TR10200:1990, and change "5.10 Management" to "5.9 Management"; - Aiming at the specific situation in my country, this guiding technical document adds some technical links with strong operability: a) 4.2b) Determine the microfilming method, type of microform and retrieval method according to the original situation; b) 4.3e) The handover procedures of the originals and the signature of the person in charge during the microform production process; e) 5.7 Microforms should be stored in accordance with the recommendations of ISO18911:2000. Microforms should be checked regularly to determine whether the quality has deteriorated during the storage process. Microform inspectors must be authorized, and the inspection of microforms should be recorded and stored. File. The clauses on the legal status of microforms in the same country in Appendix A and Amendment 1 (1997) of the technical report ISO/TR10200:1990 "Legal Recognition of Microforms" have been merged. In case of changes in the clauses in the same country, this guiding technical document shall be based on Amendment 1;
—Added Appendix B.
Appendix A and Appendix B of this guiding technical document are both informative appendices. This guiding technical document was proposed and coordinated by the National Technical Committee for Standardization of Document Imaging Technology (SAC/TC86). This guiding technical document was drafted by the Seventh Branch of the National Technical Committee for Standardization of Document Imaging Technology. The main drafters of this guiding technical document: Geng Zhidong, Deng Changjun , Zhang Meifang, Li Bofu. This guiding technical document is published for the first time.
GB/Z20650-—2006
The legal recognition of microfilms is related to the development and application of microfilm technology. In the production of microfilms of original documents with the role of evidence, it is very important to establish a rigorous microfilm production procedure and standardize the requirements of microfilm technology. It plays an important role in promoting the probative force of microfilms and improving legal recognition.
Article 21 of the "Implementation Measures of the Archives Law of the People's Republic of my country" issued on November 19, 1990 (revised and reissued on June 7, 1994) stipulates: "Archives provided for use by archives of all levels and types should gradually replace originals with microfilms. Archives in microfilm and other forms of reproduction, and archives with signatures or seals of the legal person of the archive collection unit, have the same effect as the original archives. "Although the legal effect of archival microforms has been stipulated in the law, many issues in the implementation and application process still lack specific regulations. This guiding technical document clarifies the conditions that microforms with legal recognition should have, proposes the production process and quality requirements for microforms with legal recognition, and introduces the provisions or regulations of other countries on the legal effect of microforms in the informative Appendix A, which will help to learn from foreign experience and improve the credibility of microforms in my country. Government agencies or companies use microforms as information recording and storage media because their storage performance is relatively stable, the production cost is lower than that of paper documents, they can be used more effectively through various information retrieval systems, can provide accurate copies of originals, and are an economical way to produce digital information. Despite this, microfilm is not fully utilized in many places because staff are unsure whether it can be used as evidence in legal matters. When considering microfilm and legal validity, the issue is not whether it is legal to microfilm a document, because the law does not prohibit anyone from microfilming their own documents: rather, it is permissible to use a microfilm copy in a legal proceeding in place of a paper original that may have been destroyed, lost, or transferred. From a legal point of view, it is more important for an institution to formally recognize that the document is stored in microfilm as a permanent record and that the original document may be destroyed after it has been microfilmed, rather than simply recognizing the microfilming of a paper record. Without such recognition, a court may find that, although the microfilming of a document is recognized, However, it does not recognize the destruction of originals, which reduces the reliability of microforms as evidence. It may also be inferred that the originals were destroyed because the microforms were not authentic. Not only legal experts, but also information processing experts and other personnel involved in establishing office procedures must understand the requirements of the judicial field for evidence so that the security and reliability of documents can be guaranteed when establishing an archive management system. The sponsors of the system should also ensure that the microfilm copies meet the appropriate national or international standards. This technical guidance document is intended to help organizations ensure that a well-planned and approved procedure is used to microfilm documents and destroy originals, thereby demonstrating that the production of microforms is part of normal business activities. Nevertheless, readers should note that the issue of the legal admissibility of microforms has been discussed in the past few years. There is virtually no legal precedent, and there is no guarantee that microfilms produced in accordance with this Guidance Technical Document will automatically be legally recognized.
1 Scope
Microfilming Technology
Legal Recognition of Microfilms
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This Guidance Technical Document sets out the procedures and recommendations to be followed in microfilming in order to ensure the integrity, long-term preservation and legal recognition of microfilm information. If these procedures and recommendations are followed, microfilm copies can replace the original and play the same role as the original. This Guidance Technical Document describes the routine certification procedures for making microfilm copies and sets out the requirements for ensuring the quality of microfilm images.
This Guidance Technical Document applies to all types of microfilm, including roll microfilm, microfilm, envelope, window card and computer output microfilm. Computer output microfilms, as long as the quality of the microfilm images meets the requirements, have the same function as other computer-generated information.
If the microfilm system used by an institution allows the updating, deletion or replacement of images, special protection measures are required so that the court will recognize that the above processing is within the scope of daily office procedures. 2 Normative referenced documents
The provisions in the following documents become the provisions of this guiding technical document through reference in this guiding technical document. For any dated referenced document, all subsequent amendments (excluding errata) or revisions are not applicable to this guiding technical document. However, the parties to an agreement based on this guiding technical document are encouraged to study whether the latest versions of these documents can be used. For any undated referenced document, the latest version applies to this guiding technical document. GB/T6159.1--2003 Microfilm Vocabulary Part 1: General Terms (ISO6196-1: 1993 MOD) GB/T6159.3--2003 Microfilm Vocabulary Part 3: Film Processing (ISO6196-3: 1997 MOD) GB/T6159.4--2003 Microfilm Vocabulary Part 4: Materials and Packaging (ISO6196-4: 1998, MOD) GB/T6159.5-2000
5: 1987)
GB/T6159.6--2003
GB/T6159.7--2000
GB/T6159.82003
Part 5: Image quality, readability, inspection (cqvISO6196Micrographic Vocabulary
Micrographic Technology
Part 6: Equipment (ISO6196-6:1992, MOD) Vocabulary
Micrographic Technology
Vocabulary Part 7: Computer micrographic technology (eqvISO6196-7: Micrographic Technology
Part 8: Application (ISO6196-8:1998, MOD) Vocabulary
Micrographic Technology: Vocabulary Part 2: Image layout and recording methods (eqvISO6196-2GB/T6159.22—1993||tt| |GB/T15737—2005
（ISO8126:2000,MOD）
Silver salt, heavy and microbubble replica film visual density specification and measurement Microfilm technology
ISO18901:2002 Specification for stability of silver gelatin black and white film after photographic processing ISO18911:2000 Storage strategy for safety photographic film after photographic processing 3 Terminology and definition The terms and definitions specified in GB/T6159.1-2003, GB/T6159.22-1993, GB/T6159.3-2003, GB/T6159.4-2003, GB/T6159.5-2000, GB/T6159.6-2003, GB/T6159.7-2000 and GB/T6159.8-2003 shall apply to For use in this guiding technical document. 1
GB/Z20650-2006
4 Establish procedures
4.1 Principle
If microfilms are used as evidence to replace paper originals, the microfilm production agency should be able to demonstrate that the microfilms are reliable copies of the originals. To this end, the microfilm production process must have security measures and procedures to prevent forgery and errors, and comply with the requirements of national standards or relevant international technical standards. The legal representative of the institution with legal possession and custody of the originals signs and seals the "Microfilm Production Approval"; the purpose of microfilm production and that microfilm production is part of the established work procedures must be clearly stated; each link in the microfilm production process must be signed by the parties responsible; the relevant text materials that serve as evidence in the microfilm production process should be kept complete and retained as microfilm production files for future reference. Then the microfilm copy should be used as evidence. Acceptable. Originals with historical or cultural value should not be destroyed after microfilming. 4.2 Work Plan
The microfilm production agency should formulate and publish a written work plan for microfilm production. The plan, supporting documents and related documents should be included in the microfilm production archive and stored in a safe place. The plan should include the following: a) The type, name, quantity, quality status and storage unit (location) of the original to be microfilmed; b) Determine the microfilming method, type of microfilm and retrieval method based on the original situation: e)
Microfilm production procedures and requirements;
Quality inspection of microfilms;
Confirmation and registration procedures for the consistency of microfilm and original information, signed by the person in charge; e
f) Information on storage and retrieval of microfilms; g) The basis for the destruction of originals, approval procedures and background information recording their destruction. 4.3 Documents
The following documents shall be available at appropriate stages: "Microfilm Approval" for each batch of documents approved for microfilming (see Appendix B); a)
The microfilm production personnel's description of the relevant circumstances of microfilming, including the splicing of rolls or continuous filming, etc.; b)
The certificate of qualification filled out after the microfilm has been inspected: d)
After the microfilm copy has passed the inspection, the certificate of permission to destroy the original issued by the approval authority: e) The handover procedures of the original during the microfilm production process and the signature of the person in charge. 4.4 Microfilm Production Organization
Microfilm production includes two forms: internal production by the original holder or commissioned production by an external unit. The microfilm production organization should have the qualifications and capabilities to produce qualified microfilms, be able to ensure the security of originals and information, and the microfilm production procedures should meet relevant requirements. An approval or authorization contract should be signed between the original holder and the microfilm production organization. The person in charge of the microform production organization shall explain in writing the work plan of the organization and confirm that the plan meets the relevant requirements. During the production process, it is advisable to frequently check the work of the microform production organization and regularly check the registration of microforms. In accordance with the above conditions, the microforms produced by the external organization can be considered to be equivalent to the microforms produced internally by the original holder. 5 General Recommendations
5.1 Preparation of originals
The original management organization shall ensure that the quality of the originals meets the requirements of microfilming. Torn or wrinkled originals can be sorted and repaired without loss of information before filming. The original information shall not be modified for the sake of beauty or to improve the clarity of the image. Before filming, qualified personnel shall be authorized to check and approve the classification, authenticity and integrity of the originals. 5.2 Preparation of indexes
The filming of microforms shall follow the specific arrangement order, arrangement identification and index of the originals, and the retrieval method can be manual, semi-automatic or computer operation.
5.3 Photography
Microfilming should be carried out in accordance with relevant Chinese or international standards. The reduction ratio should make the frame image fully reflect the entire format of the original, and no irrelevant content should be added or the original content should be reduced. KAONIKAca-
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The identification symbol, technical plate and voucher plate (original authenticity certificate, "Microfilm Production Approval" signed or stamped by the legal person, etc.) should be photographed at the beginning and end of each reel. If reshooting is required, the details of the reshooting should be recorded and the reshooting instructions should be photographed in the beginning of the reel (see Appendix B).
For sheet microfilms used as legal evidence, a certificate should be photographed for each independent sheet microfilm. Unless it is made from a roll microfilm copy and the roll microfilm is still intact. Computer-generated microfilms should be accompanied by data information such as the production date, related software, and operating system. 5.4 Films
Microforms made from dry silver, diazo, microbubble, and silver-gelatin films may be used if they meet legal and other requirements (see GB/T15737-2005). If long-term storage is required, silver-gelatin microfilms that comply with ISO189012002 should be used. 5.5 Quality testing and control
It is important to standardize and implement quality testing and quality control of microforms. Only when the quality of the microforms meets the requirements can the originals be destroyed (but they should meet the requirements of 5.8). Quality testing and quality control equipment systems should be checked and verified regularly. 5.6 Replicas and release copies
For microforms that need to be frequently consulted or copied, the original negatives should be stored for providing evidence, and the replicas should be used for consultation and copying. Generally, replicas and release copies are not used as evidence. If they are used as evidence, the work plan should include corresponding procedures that should ensure that they are authentic copies of the originals and of acceptable quality. 5.7 Storage
Microforms should be stored in accordance with the recommendations of ISO18911:2000. Microforms should be inspected regularly to determine whether they have deteriorated during storage. Microform inspectors must be authorized, and microform inspections should be recorded and archived. 5.8 Handling of originals
Originals should be destroyed with caution. Even if the microforms used to replace the originals are qualified from the management and legal perspectives, originals with permanent historical value should not be destroyed. After the microfilming is completed, the originals can only be destroyed in accordance with relevant regulations after being identified and authorized by the relevant departments.
5.9 Management
All procedures should be reviewed regularly to ensure that they are being carried out as planned. If any changes are made to the procedures, the relevant personnel should be notified in writing. The plan should be evaluated regularly to take into account changes in law, technology or other relevant matters, and any changes made should be recorded. All documents and records generated during the microfilm production process should be archived. 6 Legal status
Microfilm copies made in accordance with the above recommendations should have the same legal status as the paper original. If the authenticity of the original is in doubt, the authenticity of the microfilm copy will also be in doubt. In addition, microfilm copies made in accordance with this recommendation cannot be guaranteed to be automatically recognized, and any organization that decides to establish a microfilm procedure should seek the advice of the relevant legal authorities. 3
GB/Z20650—2006
Appendix A
(Informative Appendix)
Legal Status of Microfilms in Various Countries
The following information is about the legal status of microfilms in various countries. This information is not exhaustive and complete, and courts may not necessarily follow the interpretation of national legislation in this document when determining whether to admit microfilms in a particular case. Brazil
a) Microfilms are permitted for testimony.
b) The requirements for the use of microfilms in testimony are the same in civil and criminal law. c) The original document is the same as its microfilm version. d) The legislation applies to both government and private testimony. e) The Ministry of Justice is responsible for examining microfilms for testimony. Canada
The use of microfilm as evidence in Canadian legal proceedings is permitted if the following conditions are met:a) The Canadian Evidence Act and the provincial evidence laws for bank documents provide legal recognition that microfilm copies may be used in evidence if the original document has been destroyed.
The provincial statutes are much more stringent for business documents. One provision is that the original document must be preserved for 6 years before microfilm copies are allowed in legal proceedings. Before the 6-year period, the acceptance of microfilm copies is discretionary.
c) The requirements for the use of microfilm as evidence are the same in civil and criminal law procedures. If the conditions in a) are met, microfilm copies are considered to have the same status as original documents in normal circumstances. d)
The following laws address this issue:
1) The Canadian Evidence Act;
2) Provincial evidence laws;
3) Taxation Bulletin 78-10R of the Department of Finance of Canada. f) There is no organization in Canada authorized to examine microfilms for use as evidence. g) Canadian National Standard CAN/CGSB-72.11-M88, Microfilms for Documentary Evidence, describes the important factors required for a reliable microfilming plan.
Colombia
The use of microfilms as evidence is permitted in certain circumstances. Former Czechoslovakia
a) Microfilms are permitted in principle, but the law varies in the extent of their recognition. Computer-generated microfilms: All microfilms have the legal force of the original. Conventional microfilms: Roll microfilms are recognized under certain formal conditions; authorities may allow microfilms to be used in place of various business documents.
b) The requirements for the use of conventional microfilms in civil and criminal law differ: 1) State (or corporate) bodies In civil law proceedings, business matters are usually settled by negotiation. Therefore, the content of the document is examined rather than its form. In proceedings between legal and natural persons, the authenticity of the document must be investigated as a rule.
2) In criminal proceedings, the evidence presented is treated in accordance with the principle of free evaluation of evidence, i.e. it is up to the judge himself to decide whether to admit a microfilm.
c) Copies have the status of originals. Where the authorities admit substitutes for the original, the owner may use the microfilm in question as the original. Archival documents of historical value may only be microfilmed for research purposes. 4
d See the Supplement to Archives, Documents Registration and Procedure - October 1977. e) The State Archives is responsible for the examination of microfilms for evidence. f) Microfilms in roll form should comply with the national standard CSVO 13818. Denmark
There are no specific rules of proof concerning the evidentiary status of microfilms compared with originals. France
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In France, the Civil Code, Articles 1316 to 1360, sets out the law of evidence. The law is still based on original paper documents and handwritten signatures. Article 1316 lists five types of evidence, among which the original document is sufficient and complete evidence. Article 1341 stipulates that original documents above the statutory amount (now 5,000 francs) must be kept, but the instruction of Article L82 of the Financial Procedure Manual stipulates that all taxpayers must keep the original documentary evidence for at least six years. After the law of July 12, 1980, Article 1326 stipulates that the original document should contain the signature of the compiler and his handwritten alphanumeric statement of the amount or quantity. Article 1348 is the basis for the 1980 legal amendment. It provides for exceptions to the rule for original documents: "When documentary proof is not available for material or moral reasons or due to certain circumstances that render one of the parties incapable of exercising its powers, the document loses its testimonial power. Another exception is when a party or custodian does not have the original and submits a true and durable copy. A copy of the original is considered durable if it cannot be altered and the change in the carrier is irreversible. Class 1997 Relevant revision entry:
For further information see Normalisation Francaise (AFNOR) publication Z43_122:1994, Micrographics. Legal admissibility of microforms (including COM).
Legal admissibility of microforms under German law. a) Civil proceedings Prologue of evidence
1) Documentary evidence
In civil proceedings, the most reliable evidence is a document that is an expression of ideas in written form and signed by its author (Section 416 ZPO, Code of Practice).
The document is an original and is not a copy in the form of a photocopy, photograph or microfilm. Microfilms are not treated the same as originals in any German legislation, nor are the Civil Evidence Act 1968 of England and Wales and the Act on Uniform Photographic Copies of Corporate and Public Documents as Evidence in the United States. 2) Subject of judicial review
In German law, copies of originals are usually microfilms, which are the subject of judicial review by the court at its discretion (Section 317 of 286 ZPO). The law allows judges to make decisions on the difference between microfilms and originals. The identity of the original is doubtful. In order to reduce the impact on the outcome of the case, the user should entrust an organization to eliminate the possibility of falsification. This organization should be ascertained by the court in accordance with the organizational guidelines. b) Guidelines for the preservation of financial records and business documents 1) The German Fiscal Code and the Commercial Code Amendment explicitly recognize the validity of microfilms preserved for tax and commercial purposes. Legal provisions also recognize the validity of microfilms preserved by reproducing them through image recording media or any other data media. Section 257, paragraph 3 of the German Commercial Code and Section 147, paragraph 2 of the Fiscal Code provide that microfilms must be available during the preservation period and can be reproduced in a readable form within a reasonable period of time. Therefore, various organizations that bring lawsuits for civil actions are also required to do so for tax and commercial purposes. The following documents contain information on the admission of microfilms as evidence. Microfilm law of the German Council of Economic Management (AWV): Collection of statutes and other provisions concerning microfilming. AWV Document No. 374. GB/Z20650—2006 Italy a) In certain cases, the use of microfilms as evidence is permitted. In criminal proceedings, microfilms may only be used as evidence if it can be proved that the microfilm is the original and that no changes or modifications were made when it was taken. In civil law judgments, microfilms may only be used as evidence if they have been declared by a public official to be consistent with the original or if they have not been specifically requested by the defendant. However, the judge may assume that the microfilm is consistent with the original on the basis of the principle of completeness. The legislation concerning the use of microfilms as evidence is: d) Civil Code: Articles 2712 and 2719; Civil Code of Procedure: Articles 215 et seq.; Article 25 of Law No. 15 of January 4, 1968; Presidential Decree of September 11, 1974; Ministerial Decree of March 29, 1979; Article 39 of Presidential Decree No. 633/72 of September 20, 1973; Article 22 of Presidential Decree No. 600 of June 3, 1975; Presidential Decree No. 290 of June 3, 1975. e) AIMIResponsible for examining microfilms for use in evidence. ) There are no specific procedures for the preparation and implementation of microfilming plans for the use of records as evidence. Japan
Microfilms are permitted in certain circumstances; details may be obtained from the Japan External Trade Organization. Malaysia
Microfilms may be used as evidence, but only with reference to the Evidence (Amendment) Act 1994. Malta
There are apparently no specific provisions for microfilming. Morocco
The use of microfilms in evidence is the same in civil and criminal proceedings. a)
Microfilms may be used in evidence when the court requires the original document. There are no regulations governing the use of microfilms.
The Ministry of Justice is responsible for examining microfilms for use in evidence. Poland
a) In principle, the law does not allow the use of microfilms in evidence unless they are made by a responsible official and with the consent of the jury.
b) In civil and criminal proceedings, microfilms cannot be used as evidence if the original or a copy of it is available. c) There is no law allowing the use of microfilms as evidence. d) There is no body responsible for examining microfilms for evidence. South Africa
In all civil and criminal proceedings, it is up to the judge to decide whether to allow microfilms of documents as evidence. a)
b) The rule of law allows microfilms to be admitted as evidence if the original document is no longer available and it can be proved that the microfilm is a true copy of the original. This is usually done by proving that the microfilm was made in the usual manner from the original. Microfilms of documents are admitted as evidence in the majority of cases in South African courts. c
d): There are approximately 20 statutes (Acts of Parliament) that contain provisions recognizing microfilms of documents as evidence in court, most of which relate to documents of government departments or fall within their jurisdiction. Some of these regulations require that (in their implementation) the provisions of the South African Bureau of Standards "Code of Practice for the Handling, Examination and Preservation of Silver Gelatin Microforms for Archival Purposes" (SABS Code of Practice 0141/1998) be followed.
Electronic) allows the use of microfilms as evidence.
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There are no general requirements for the use of evidence in civil and criminal proceedings, except for account books where the originals have been destroyed after microfilming.
c) The law on bookkeeping (SFS 1976:125) generally summarizes the provisions on the destruction of bookkeeping records after microfilming. The Swedish Domestic Finance Board Regulations (RSFS 1978:14 and RSVDT 1978:8) set out the procedural rules that should be followed by general business companies. The provisions on microfilming of records are issued by the provincial administration. Switzerland
a) Microfilms are allowed as evidence.
b) For the admission of microfilms in civil law proceedings, see the Official Journal, Vol. 1, p. 1777. In criminal law, microfilms are considered documents, see Section 10, line 5 of the Criminal Code. Their falsification will be a violation of Sections 215 et seq. c) Recorded data or images have the same legal status as the original. Federal law supplements the Swiss Civil Code, Vol. 5 Droit des obligations, as amended on December 19, 1975, d)
provides for accounting matters regarding the recording and preservation of business documents in the form of data or images. United Kingdom
a) Microfilms are allowed as evidence in certain circumstances. b) The requirements for the use of microfilms in civil and criminal proceedings are different. In England and Wales, the Civil Evidence Act 1995 provides that business documents may be admitted in civil proceedings, regardless of whether they are stored in paper, microfilm or computer-generated form. The Criminal Justice Act 1988 provides for the admission of microfilms in criminal proceedings. In Scotland, the provisions of the Criminal Proof Act 1965 continue to apply, and civil evidence is also provided for in the Civil Evidence Act 1998. The Civil Evidence (Northern Ireland) Act 1971 reaffirms the English statutes in respect of business documents, but with important differences in relation to other documentary evidence, in particular in the definition of a document, which appears to exclude microfilms. The legislation covering the use of microfilm evidence is:c
The Police and Criminal Evidence Act (England and Wales) 1984Civil Evidence Act (England and Wales) 1995Civil Evidence Act (Scotland) 1988
Criminal Evidence Act (Scotland) 1965
Evidence Act (Northern Ireland) 1939
Civil Evidence Act (Northern Ireland) 1971Statutory Law Amendment Act (Northern Ireland) 1973Criminal Justice (Evidence) (NI) Act 1988Policy and Criminal Evidence (NI) Act 1989Banker's Book Evidence Act 1879 (throughout the UK)Banking Act 1979 (throughout the UK)
a) Microfilm copies of records are accepted by the courts and regulatory authorities. However, there is no national law as states have the autonomy to make laws and regulations within their jurisdictions. ) Generally speaking, the requirements for microfilm testimony in civil and criminal proceedings are the same, but there may be exceptions in some special cases.
Under the basic U.S. statutory law, the UPA (Uniform Photographic Copies of Business and Public Records Act) passed by the U.S. Congress, c
and 43 states in similar or substantially equivalent form provide that "microfilms shall be admissible as originals in any legal or administrative proceeding, whether or not the original exists." Under the common law and the best proof rule, the original must be produced in preference to the original unless there is a satisfactory reason why it cannot be produced. 7
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The UPA generally provides that microfilming should be performed in the ordinary course of business and that records should be accurately reproduced on durable media. There are many federal and state regulations. The following is a summary of the current regulations regarding the use of microfilms in testimony: d)
An Act to Establish the Federal Rules of Evidence (Public Law 93-595), 1975 (see USC Sec. 28, 1980: 146 and 147) An Act to Establish the Federal Rules of Evidence (Public Law 93-595), 1975 (see USC Sec. 28, 1980: 146 and 147) An Act to Establish the Uniform Photographic Copies of Business and Public Records in Testimony. e)
There is no specific agency responsible for the examination of microfilms for testimony. In fact, there is no need for such an agency because the rules of proof apply equally to all types of information transfer media. There are no generally applicable laws or regulations in the United States that control the preparation and implementation of microfilming programs. A technical report has been adopted and published to provide guidelines for microfilming public records. It is designated AIIMTR 61985. It is hoped that through the implementation of these guidelines by the states, a more uniform practice will eventually be achieved on a national scale. B.1
Example of Approval for Microfilming
Appendix B
(Informative Appendix)
Example of Photographing Label
Approval for Microfilming
Photographing
volumes (items) in the collection to replace the originals.
Location: (stamp)
KAONT KAca-
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Permanent (long-term) archives of the whole collection,
Unit leader: (signature)
Example of Certificate for Microfilming Original Archives
Certification for Microfilming Original Archives
The following
volumes of archives photographed are the authentic originals treasured by our library (with explanatory labels added when microfilming copies). The photographer and editor have verified the authenticity, completeness and arrangement order of the originals. Unit
: (Seal)
Unit leader: (Signature)1
Example of Approval for Microfilm Production
Approval (authorization)
Appendix B
(Informative Appendix)
Example of Photographing Label
Approval for Microfilm Production
Photographing
volumes (items) in the collection to replace the originals.
Location: (stamp)
KAONT KAca-
GB/Z20650—2006
Permanent (long-term) archives of the whole collection,
Unit leader: (signature)
Example of Certificate for Microfilming Original Archives
Certification for Microfilming Original Archives
The following
volumes of archives photographed are the authentic originals of our collection
(with a label for explanation when microfilming copies) The photographer and editor have verified the authenticity, completeness and arrangement order of the originals. Unit
: (Seal)
Unit leader: (Signature)1
Example of Approval for Microfilm Production
Approval (authorization)
Appendix B
(Informative Appendix)
Example of Photographing Label
Approval for Microfilm Production
Photographing
volumes (items) in the collection to replace the originals.
Location: (stamp)
KAONT KAca-
GB/Z20650—2006
Permanent (long-term) archives of the whole collection,
Unit leader: (signature)
Example of Certificate for Microfilming Original Archives
Certification for Microfilming Original Archives
The following
volumes of archives photographed are the authentic originals of our collection
(with a label for explanation when microfilming copies) The photographer and editor have verified the authenticity, completeness and arrangement order of the originals. Unit
: (Seal)
Unit leader: (Signature)1
Example of Approval for Microfilm Production
Approval (authorization)
Appendix B
(Informative Appendix)
Example of Photographing Label
Approval for Microfilm Production
Photographing
volumes (items) in the collection to replace the originals.
Location: (stamp)
KAONT KAca-
GB/Z20650—2006
Permanent (long-term) archives of the whole collection,
Unit leader: (signature)
Example of Certificate for Microfilming Original Archives
Certification for Microfilming Original Archives
The following
volumes of archives photographed are the authentic originals of our collection
(with a label for explanation when microfilming copies) The photographer and editor have verified the authenticity, completeness and arrangement order of the originals. Unit
: (Seal)
Unit leader: (Signature)1
Example of Approval for Microfilm Production
Approval (authorization)
Appendix B
(Informative Appendix)
Example of Photographing Label
Approval for Microfilm Production
Photographing
volumes (items) in the collection to replace the originals.
Location: (stamp)
KAONT KAca-
GB/Z20650—2006
Permanent (long-term) archives of the whole collection,
Unit leader: (signature)
Example of Certificate for Microfilming Original Archives
Certification for Microfilming Original Archives
The following
volumes of archives photographed are the authentic originals of our collection
(with a label for explanation when microfilming copies) The photographer and editor have verified the authenticity, completeness and arrangement order of the originals. Unit
: (Seal)
Unit leader: (Signature)1
Example of Approval for Microfilm Production
Approval (authorization)
Appendix B
(Informative Appendix)
Example of Photographing Label
Approval for Microfilm Production
Photographing
volumes (items) in the collection to replace the originals.
Location: (stamp)
KAONT KAca-
GB/Z20650—2006
Permanent (long-term) archives of the whole collection,
Unit leader: (signature)
Example of Certificate for Microfilming Original Archives
Certification for Microfilming Original Archives
The following
volumes of archives photographed are the authentic originals of our collection
(with a label for explanation when microfilming copies) The photographer and editor have verified the authenticity, completeness and arrangement order of the originals. Unit
: (Seal)
Unit leader: (Signature)1
Example of Approval for Microfilm Production
Approval (authorization)
Appendix B
(Informative Appendix)
Example of Photographing Label
Approval for Microfilm Production
Photographing
volumes (items) in the collection to replace the originals.
Location: (stamp)
KAONT KAca-
GB/Z20650—2006
Permanent (long-term) archives of the whole collection,
Unit leader: (signature)
Example of Certificate for Microfilming Original Archives
Certification for Microfilming Original Archives
The following
volumes of archives photographed are the authentic originals of our collection
(with a label for explanation when microfilming copies) The photographer and editor have verified the authenticity, completeness and arrangement order of the originals. Unit
: (Seal)
Unit leader: (Signature)1
Example of Approval for Microfilm Production
Approval (authorization)
Appendix B
(Informative Appendix)
Example of Photographing Label
Approval for Microfilm Production
Photographing
volumes (items) in the collection to replace the originals.
Location: (stamp)
KAONT KAca-
GB/Z20650—2006
Permanent (long-term) archives of the whole collection,
Unit leader: (signature)
Example of Certificate for Microfilming Original Archives
Certification for Microfilming Original Archives
The following
volumes of archives photographed are the authentic originals of our collection
(with a label for explanation when microfilming copies) The photographer and editor have verified the authenticity, completeness and arrangement order of the originals. Unit
: (Seal)
Unit leader: (Signature)1
Example of Approval for Microfilm Production
Approval (authorization)
Appendix B
(Informative Appendix)
Example of Photographing Label
Approval for Microfilm Production
Photographing
volumes (items) in the collection to replace the originals.
Location: (stamp)
KAONT KAca-
GB/Z20650—2006
Permanent (long-term) archives of the whole collection,
Unit leader: (signature)
Example of Certificate for Microfilming Original Archives
Certification for Microfilming Original Archives
The following
volumes of archives photographed are the authentic originals of our collection
(with a label for explanation when microfilming copies) The photographer and editor have verified the authenticity, completeness and arrangement order of the originals. Unit
: (Seal)
Unit leader: (Signature)
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