Lecture 11 Article X. Contents of writings, recordings, and photographs Flashcards
What is the general preference in court regarding evidence of writings, recordings, and photographs?
Courts prefer the original writing, recording, or photograph when proving the content. This is known as the “Best Evidence Rule” or “Original Writing Rule.”
What is the goal of the “Best Evidence Rule”?
The goal is to prevent fraud and misrepresentation, ensuring that copies are not mistaken for originals, which could lead to deceptive practices.
In California, how is the original writing rule referred to?
In California, it is referred to as the “Best Evidence Rule,” even though it only applies to writings, recordings, and photographs.
What does the term “original” mean under Rule 1001(d)?
An “original” refers to the writing or recording itself, or any counterpart intended to have the same effect as the original by the person who executed or issued it. For photographs, the original includes the negative or a print from it.
What is a “duplicate” as defined in Rule 1001(e)?
A “duplicate” is a counterpart produced by a mechanical, photographic, chemical, electronic, or other equivalent process that accurately reproduces the original.
What is the requirement under Rule 1002 regarding the original?
An original writing, recording, or photograph is required to prove its content unless otherwise provided by the rules or a federal statute.
Under Rule 1003, when is a duplicate admissible?
A duplicate is admissible to the same extent as the original unless there is a genuine question about the authenticity of the original or if admitting the duplicate would be unfair under the circumstances.
What are the conditions under Rule 1004 when an original is not required?
An original is not required if:
- The originals are lost or destroyed (not by the proponent’s bad faith).
- The original cannot be obtained by judicial process.
- The party against whom the original would be offered had control of it and failed to produce it.
- The writing, recording, or photograph is not closely related to a controlling issue.
Under Rule 1005, when can a copy of a public record be used to prove its content?
A copy of a public record can be used if it is certified as correct or is testified to as correct by a witness who compared it with the original.
What is the purpose of Rule 1005 regarding public records?
The purpose is to protect the original record while allowing the use of certified copies or verified copies of public records in place of the original.
What does Rule 1006 allow regarding voluminous documents?
Rule 1006 allows the use of summaries, charts, or calculations to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court, provided the originals or duplicates are available for examination.
How can the content of a writing, recording, or photograph be proven according to Rule 1007?
The content can be proven by the testimony, deposition, or written statement of the party against whom the evidence is offered, without needing to account for the original.
Who determines whether the requirements of the Best Evidence Rule are met?
In non-jury trials, the judge determines if the conditions for admitting other evidence of content are met. In jury trials, the jury decides these issues.
What is the rule regarding public records and their content in Rule 1005?
Rule 1005 allows the use of a copy of a public record to prove its content, provided the copy is certified as correct or a witness testifies that it is correct after comparing it with the original.
What does Rule 1008 say about the role of the court and jury regarding the existence of the original?
The court determines whether the factual conditions for admitting evidence of content are met, but in a jury trial, the jury decides issues such as whether the asserted writing, recording, or photograph ever existed, or whether the other evidence of content accurately reflects the content.
