Evidence _ Writing, Recordings, and Photographs

Question 1

Best Evidence - General Rule

Answer 1

• The Best Evidence (writing, recording, picture) is considered the original; • The Best Evidence Rule does not apply to objects

Question 2

Best Evidence - Exception

Answer 2

• If the original item is lost or destroyed you may use a copy if it is authenticated

Question 3

Definition – Authentic

Answer 3

• Authentic means no evidence of tampering; • Start with the premise the document is authentic. EXAMPLES - Authentic: o Copy of contract or warranty deed from courthouse, o Copy with no evidence of tampering; Not Authentic: o Warranty deed with sharpie marks demonstrates tampering

Question 4

AdaptiTips

Answer 4

The fact pattern will provide evidence that some sort of tampering was involved. The facts will tell you if other evidence is available to prove the testimony

Question 5

Best Evidence Rule Applies in Two Scenarios

Answer 5

1) To prove the contents of the document === EXAMPLES: Examples: o Copy of contract or warranty deed from courthouse, o Copy with no evidence of tampering; 2) to prove the testimony being given. Exception: If other evidence can prove testimony

Question 6

Completeness Rule

Answer 6

• When admitting a portion the whole document may be admitted for fairness. when one party is trying to only submit one part, and you think it’s prejudicial b/c it’s only proving one part, the whole doc can be admitted to be fair.