Best Evidence Rule

Question 1

E - “Best E Rule” - Concept

Answer 1

“To prove contents of writting, the writting must be produced”

FOR PROVING MATERIAL ISSUE AT CASE

Question 2

E - “Best E Rule” - Application

Answer 2

• For writings, recordings, and photography
• ONLY when attempt to prove actual content that MATERIAL to the issue in case
• Gral Rule is ORIGINAL is required

Question 3

E - “Best E Rule” - What does “writing” include

Answer 3

• Writting/recording:
  
  • letter, words, sounds, numbers
  • In the form of handwirtiting, type writing, printing, photo, magnetic impulses, recordings, other
• Photgraphy:
  
  • photos, x rays, sound recording, video tapes, motion pictures

Question 4

E - “Best E Rule” - Originals / what constitutes..

Answer 4

• Writing Original: writing itself or other intenting to have same effect by person executing or issuing it.
• Photos Original: negatives or print from negative

Question 5

E - “Best E Rule” - Duplicates / reqs (6)

Answer 5

1. Produced by the same impression as the original
2. From the same matrix
3. For Photos it can be enlargements or miniatures
4. By Mechanical or electronical recording
5. By chemical reproduction
6. By other equivalent techiques that accurately reproduce original

Question 6

E - “Best E Rule” - Original Rules / gral rule and exceptions (2+1)

Answer 6

Gral Rule: Original is required to prove content unless FRE or law oder otherwise

AND Duplicate also OK UNLESS (to the same extent as original)

1. There is genuine question on the authenticity of the original
2. In circumstances it would be unfair to accept duplicate instead or original

• AND ALSO FRE 1004 - use of duplicate is allowed in 4 cases

Question 7

E - “Best E Rule” - FRE 1004 Cases where copies are allowed (4)

Answer 7

1. Original was lost or destroyed - UNLESS by proponent in bad faith
2. Original not obtainable by any judicial proceeding
3. Original in possession/control of opponent and he does not produce it at trial/hearing despite of notice
4. Collateral Matter: doc, record, writting not materially related to controlling issue in case

Question 8

E - “Best E Rule” - Public Records / method for content authentication

Answer 8

• Self authetincation rule 903

OR

• Testimony of W who compared copy vs original
• If certified copy not avaialble w/reasaonble diligence other E of content migthbe allowed

Question 9

E - “Best E Rule” - Summaries Rule

Answer 9

• Of large/voluminous content required to be reviewed by court
• Presented as chart,summary, calculation
• Preparer can testify of its accuracy
• Court can always order underlying docs to be produced

Question 10

E - “Best E Rule” - Admission Rule

Answer 10

• Content can be proved authentic by admission of party against whom is offered
• Can be written, testimony or deposition

Question 11

E - “Best E Rule” - Judge and Jury Functions in casee of admissibility subject to truth of other fact

Answer 11

When admissibility conditioned to the truth of other fact:

• Judge: decides if condition fulfilled
• Jury: decides on existence of writting, originality and whether it correctly reflects content