Best Evidence Rule Flashcards
1
Q
when does best evidence rule apply
A
rule applies when document is material to the case and trying to prove contents of writing OR when witness has no other way to corroborate their testimony
2
Q
Trying to prove contents of doc
A
i. If document is material + trying to prove contents best evidence = original
ii. When it is material, a copy will be allowed if all effort to find original has been made, and no evidence of tampering
Presumption: copy is okay/authentic – would need evidence of tampering to say otherwise