Contents of Writings, Recordings, and Photographs Flashcards
Best Evidence Rule
where the contents of a writing are in issue the original document may be necessary. Two main situations: legally operative documents that have independent legal significance, and document-dependent testimony where the testimony is reliant on the writing and not PK.
Independent Source Rule
Where a fact to be proven has a source independent from the writing, then the contents are not in issue and BER doesn’t apply.
3 substitutes for an original
photocopy, certified copy of a public record, and summaries of voluminous records.
Original is not required and other evidence of the contents of a writing, recording, or photograph is admiss if CLOTS applies
Collateral Lost Opponent (refuse to deliver) Testimony/admiss by opp Subpoena (original be obtained by any avail judicial procedure)
When analyzing writings, the issues that proponent must overcome regarding admiss. are included in the following: OPRAH
Orig writing - BER Privilege Relevancy Authentication Hearsay
