Best Evidence Rule

Question 1

Best Evidence Rule

Answer 1

The Best Evidence rule states that an original writing is required when offered to prove the contents of the writing. A duplicate is admissible to the same extent as the original unless a genuine question is raised about the original’s authenticity or the circumstances make it unfair to admit the duplicate. A duplicate is any mechanically reproduced copy.

Question 2

R/E if OG or duplicate not available:

Answer 2

If the party is seeking to prove the contents of the writing, recording, or photo and has a good reason why they cannot produce the original/duplicate, then secondary evidence may be admissible.

Question 3

Lost or destroyed →

Answer 3

allowed to testify to contents

Question 4

If bad faith is the reason for loss or destruction –>

Answer 4

NOT admissible

Question 5

If accidental loss/negligence is reason for loss or destruction →

Answer 5

NOT admissible

Question 6

If not able to be obtained through any judicial process, such as subpoena –>

Answer 6

EXCUSED, secondary evidence allowed

Question 7

If not related to a controlling issue →

Answer 7

other party allowed to testify

Question 8

If put party who has control of the original on notice, and they didn’t respond →

Answer 8

EXCUSED, other party is allowed to testify as to contents