Best Evidence Rule

Question 1

Writing and Recording

Answer 1

Letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation

Question 2

Photographs

Answer 2

Still photograph, X-Ray Flims, Video tapes, motion pictures

Question 3

Original

Answer 3

• An “original” of a writing or recording is the writing or recording itself or any counterpart
  intended to have the same effect by a person executing or issuing it.
• An “original” of a photograph includes the negative or any print therefrom.
• If data are stored in a computer or similar device, any printout or other output readable by sight,
  shown to reflect the data accurately, is an “original.”

Question 4

Duplicate

Answer 4

A “duplicate” is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent technique which accurately reproduces the original.

Question 5

FRE 1002
Requirment of Original

Answer 5

To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by Act of Congress.

Question 6

FRC 1003

Admissibilty of Duplicates

Answer 6

A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original.

Question 7

FRC 1004

Admissibiilty of Other Evidence of Contents

Answer 7

The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissble if-

(1) Originals lost or destroyed. All originals are lost of have been destroyed, unless the proponent
lost or destroyed them in bad faith; or
(2) Original not obtainable. No original can be obtained by any available judicial process or
procedure; or
(3) Original in possession of opponent. At a time when an original was under the control of the
party against whom offered, that party was put on notice, by the pleadings or otherwise, that the
contents would be a subject of proof at the hearing, and that party does not produce the original at the
hearing; or
(4) Collateral matters. The writing, recording, or photograph is not closely related to a controlling
issue.

Question 8

FRC 1005

Public Records

Answer 8

The contents of an official record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct in accordance with rule 902 or testified to be correct by a witness who has compared it with the original. If a copy which complies with the foregoing cannot be obtained by the exercise of reasonable diligence, then other evidence of the contexts may be given.

Question 9

What is an orginal under 1001(3)

Answer 9

Question 10

Best Evidence (“Original Document”) Rule (FRE 1002)

Answer 10

Question 11

When aa Duplicate is Admissible (FRE 1003)

Answer 11

1. Requirements for Admissibilty of Duplicate:
   a. Duplicate was made by a Process that Accurately Replicates the Original (FRE 1001 (4))
   i) The duplicate muust be produced by the the same impression as the original, or by photography, or chemical or electronic record.
   ii) Manually prepared copies- either handwritten or typewirtten- do not qualify.

                          b. The Original is Itself Admissible (orginal must be authenticated under FRE 901, or FRE 902_ 

2. Where the Judge May Reject a Duplipacte:
   a. Where a question of raised as to the authenticity of the orginal.
   i)- Stensvaag makes the point that you admit photocopies easily…. but if there is a question as to the authenticity of the original, then the copy will be excluded.

                        b. Where it would be unfair to admit the duplicate in lieu of the original.
   						
                          i)- Advisory Committee notes that this might be when: 
                             1.  Only part of the orginal is reproduced
                             2.  The duplicate is of poor quality (Marred,          Multilated, etc.)
                             3.  	Substantial Question as to the accracy of the copying. 
                             4.  	Where the originals have been lost in bad faith by proponenet.

Question 12

When the Original Document is Excused (FRE 1004)

Answer 12

Question 13

Public Records (FRE 1005)

Answer 13

1. Displaces FRE 1002 in Two Important Ways:

                     a. Allowd proponent of a public Records to produce a Copy without Accounting for the Orginal. 
                     b. Establishes Hierarchy- preference for Certified Copies. 

2. Permits introduction of a copy (“Certified in Accordance with Orginal”)… and in cases where such a copy can’t be obtained by orfinary dilgence, oother evidence.
3. If the document is a certified copy, it must comply with 902(4)… if it isnt certified, then you must get someone with personal knowlege to testify about it!
4. “Public Records” under FRE 1005 mean the smae thing as public records under FRE 902(4)
5. Examples:
   a. Land sale Contracts
   b. Liens
   c. Mortgages