8) Contents of Writings, Recordings + Photos

Question 1

orig document rule, aka

Answer 1

best evidence rule

Question 2

orig document rule 1002

Answer 2

to prove content of a writing, recording, or photo:

1) orig doc is req’d
2) except as otherwise provide (broad)

Question 3

orig doc rule “writing recording or photo”

Answer 3

broadly defined – covers every tangible process to record words, pics, sounds

Question 4

orig doc rule 1002 applies only when

Answer 4

contents of a writing are in issue

Question 5

best evidence rule: YES applies

Answer 5

1) legally operative docs

2) document-dependent testimony

Question 6

best evidence rule does NOT apply

Answer 6

independent source rule

Question 7

legally operative docs: def

Answer 7

writing has indpendent legal significance (writing itself creates or destroys a legal rship)

Question 8

legally operative docs; exs

Answer 8

k
will
deed, mortgage, lease
DL
movie if obscenity action or photo in port
written libel
divorce decree

Question 9

document-dependent testimony: def

Answer 9

testimony is reliant on a writing, not personal knowledge

Question 10

independent source rule

Answer 10

where fact to be proved has source indep from the writing (it happened, regardless of whether the writing exists) then contents NOT at issue
result: best evidence rule not applicable

Question 11

indep source: exs

Answer 11

1) sales receipt

2) birth certificate / death / marriage

Question 12

indep source: exception

Answer 12

if the receipt/etc is offered as evidence then it has to be the orig (unless good cause)

Question 13

rule: inscribed chattels

Answer 13

BER does NOT apply! (license plate, police badge, signs, etc)

Question 14

original: def

Answer 14

includes duplicate

Question 15

subsitutes for original

Answer 15

1) duplicate
2) certified copy of a public record
3) summary of voluminous records (1006)

Question 16

rule for orig/duplicates 1003

Answer 16

duplicate is admissible to same extent as orig, UNLESS there’s genuine question re. authenticity

Question 17

admissibility of other evidence of contents: 1004: mnemonic

Answer 17

LOCS

Question 18

admissibility of other evidence of contents: 1004: list

Answer 18

1) Lost
2) Opponent
3) Collateral
4) Subpoena

Question 19

admissibility of other evidence of contents: 1004: lost (+exception)

Answer 19

all origs have been lost or destroyed, UNLESS proponent lost or destroyed them in bad faith

Question 20

admissibility of other evidence of contents: 1004: opponent

Answer 20

opponent has possession of original and has refused to deliver it

Question 21

admissibility of other evidence of contents: 1004: collateral

Answer 21

writing is not closely related to a controlling issue [wit just referred to it but not to prove contents]

Question 22

admissibility of other evidence of contents: 1004: subpoena

Answer 22

orig can’t be obtained by any available judicial procedure

Question 23

copies: public records 1005

Answer 23

certified copy OR

wit tmony comparison w original

Question 24

use of summaries 1006

Answer 24

contents of voluminous writings that can’t be conveniently examined in court MAY be presented in form of chart/summary/calc

Question 25

use of summaries 1006: foundation

Answer 25

1) showing that originals themselves would be admissible (not hearsay)
2) reasonable pre-trial access for opponent
3) summaries must be properly authenticated by the preparer

Question 26

testimony or written admission of party 1007

Answer 26

contents of writing may be proved by testimony of opposing party

w/o accounting for non-production of orig

bc usuall ynot in their possession

Question 27

BER: judge vs jury 1008 –> judge

Answer 27

judge:
1) decides if BER applies
2) does good cause exist for non-production of orig?
3) are summaries admissible?

Question 28

BER: judge vs jury 1008 –> jury

Answer 28

1) did orig ever exist?
2) is another writing produced at trial the orig?
3) accuracy of writing?
4) is it genuine
5) how much weight ot give