Documentary & Real Evidence

Question 1

What is the best evidence rule?

Answer 1

A party seeking to introduce the contents of the writing must produce the original document or account for its absence. Provided the absence can be properly explained, and the foundation has been laid for secondary evidence.

Question 2

When does the best evidence rule apply?

Answer 2

Into classes of situations: (1) the writing is a legally operative or just positive instrument, or (2) the knowledge of a witness concerning a fact results from having read it in the document

Question 3

When does the best evidence will not apply?

Answer 3

Where the facts to be proved has the existence independent of the writing. Examples:

1. You witness an event happening
2. Documents of minor importance
3. Public records
4. Two voluminous
5. Duplicates

Question 4

When do you have an excuse for not producing the originals?

Answer 4

DESTROYED without bad faith

LOST and cannot be found after a diligent search

Cannot be obtained without LEGAL PROCESS

Question 5

What is the authenticity rule?

Answer 5

Any writing offered must be authenticated to ensure that the writing is what the proponent says it is.

Question 6

Can a layperson become familiar with either a handwriting sample or a persons voice for the purpose of testifying?

Answer 6

A lay person cannot become familiar with a persons handwriting (you must already know it), but any person can become familiar with a persons voice for the purpose of testifying.

Question 7

Which type of documents are self authenticating?

Answer 7

Certified copies of business records

Certified copies of public records

Newspapers

Official government publications

Trade inscriptions/labels

Signatures on certain commercial documents

Question 8

What’s the rule regarding authenticity of photographs?

Answer 8

A witness must testify on the basis of personal knowledge that the photograph fairly and accurately represents the person or objects portrayed in it.