Best Evidence

Question 1

what is the best evidence doctrine

Answer 1

the contents of a writing/recording must be proved by the writing/recording itself because it’s… the best evidence

Question 2

are duplicates ok

Answer 2

yes as long as no genuine question is raised

Question 3

what are the 4 times the requirement for the original is waived

Answer 3

1. the original was lost or destroyed through no fault of proponent
2. original can’t be obtained
3. original is in possession of opponent and he won’t cough it up
4. writing/ recording is just of a collateral issue

Question 4

what are the two other exemptions for best evidence

Answer 4

• don’t need it for certified public records
• summaries can be used in instead

Question 5

what is required if you use a summary in lieu

Answer 5

• originals must be made available to adversed party
• stuff being summarized has to be admissible
• summary is authenticated

Question 6

what’s the difference between best evidence and incidental recording

Answer 6

best evidence is trying to prove the contents of the doc

incidental recording is the witness saw something and also just happened to write it down, but we aren’t trying to prove what they wrote down