Best Evidence

Question 1

Rule 1001

Answer 1

Writings and recordings consist of handwriting, typewriting, printing, photo stating, photographing, magnetic impulse, electronic recording, or other forms of data compilation.

Question 2

Rule 1002

Answer 2

When proving the contents of a writing, recording or photograph, you MUST produce the original unless an exception applies.

Question 3

Rule 1003

Answer 3

All copies can be used unless there is a question about the authenticity of the original, or it would be unfair to admit the duplicate.

Question 4

Rule 1004

Answer 4

Other evidence (NOT The original) is admissible to prove the contents of a writing, recording, or photograph IF:
- all originals are lost or destroyed
-original cannot be obtained through judicial process
- original is in control of the opposing party + failed to produce (if applicable, contents can be proved through any means like oral testimony)

Question 5

Rule 1005

Answer 5

Proponent may use a copy of a public record so long as it is certified.