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

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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

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