IV. Best Evidence Rule

Question 1

Contents Rule

Answer 1

• Witness cannot refer to the contents of a writing or other recording (photo video, etc) without either
  
  • producing the ORIGINAL OR
  • giving a LEGALLY VALID EXCUSE for not doing so

Question 2

Purpose of Best Evidence

Answer 2

a party should not be able to refer to corroborating evdience without producing that evidence for inspection or explaing why not

• does not apply when a witness w/ pesronal knowledge testifies to a fact CONTAINED IN a writing that records the fact (e.g. did not produce time sheet but says I worked from 9-5 okay.)

Question 3

Valid Excuses for not producing doc or recording

Answer 3

1. Lost or cannot be found despite due dilligence
2. Destoryed without bad faith
   
   1. spoilation is bad faith
3. Cannot be obtained with legal process

Court must be beinlieve by preponderance of the evidence that excuse has been established

Secondary evidence (memory) is then admissible

Question 4

Voluminous Documents Exception

Answer 4

can be present through summary or cart provided:

• underlying records would be admissible AND
• they’re available in the courtroom for insepection