Best (or secondary) evidence rule

Question 1

Best Evidence Rule General

Answer 1

Unless certain circumstances are met, contents of a writing has to be proved by offering the writing

Question 2

Best Evidence Rule 1002

Answer 2

requires the contents of a writing to be proved by the original writing and not by testimony recounting its contents or by a copy of the writing

Secondary Evidence rule: same

must prove by the preponderance of the evidence

Question 3

Best Evidence Rule: Exceptions

Answer 3

1. Duplicate
2. Original is lost or destroyed
3. original is unobtainable by available judicial process or procedure
4. opponent while on notice, failed to produce a document in control
5. document pertains to collateral matters
6. content is being proved against a party by that party’s testimonial or written admission

Question 4

Duplicate

Answer 4

admissible to prove contents unless

• authenticity questioned
• to do so would be unfair

Question 5

other exceptions

Answer 5

admissible to offer other evidence to prove its contents

• Original is lost or destroyed
• original is unobtainable by available judicial process or procedure
• opponent while on notice, failed to produce a document in control
• document pertains to collateral matters
• content is being proved against a party by that party’s testimonial or written admission

Question 6

Completeness Doctrine

Answer 6

Part of a document is received and the remainder out to be infairness be considered with it, could be asked by the opposing party to be admitted even if it were to violate hearsay rule